I ilKH^'^'P f 










"tel-s- 




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THE 



SCHOOL MANUAL, 



CONTAINING THE 



School Laws of Rhode Island; 

^ WITH 

Decisions, Remarks and Forms, 

For the Use of School Officers. 



^^I^vfer^^"^^^ 



I'repared in accordance \V;tljf,a . Kesolution^,(^f jthe JS^m-ral Assembl}' by 
Thomas B. Stock'\>tei;l,- jCoruiuisAioaeT^of Public f^chools. 



PROVIDENCE : 

E. L. FREEMAN & CO., PRINTERS TO THE STATE. 

18 82. 






^^lu 






By tranefer 
APR 131909 



•o 

O 



Note. 

This book is public iiroperty and is for the use of School 
Officers. It is to be delivered by each officer to his successor 
in office, and a copy should be accessible for con.sultation at 
all .school meetings. 



Resolution 



INSTRUCTINO THK COMMISSIONER OF PUBLIC SCHOOLS TO PREPARE A 

School Manual. 

(Passed January Session, 1881.) 



Resolved, That the commissioner of public schools be and 
is here1)y directed to prepare a school manual for the use of 
the officers of the public schools of the State, which shall 
contain "Title IX," of the "Public Statutes," and such 
decisions of the Supreme Court and the commissioners of 
public schools, under the school laws, and such other matter 
as may be deemed advisable; and to cause not exceeding two 
thousand copies thereof, wlien approved by the state board 
of education, to be loublished in the style and size of the 
Rhode Island Manual; and the state auditor is hereby direct- 
ed to draw his order on the general treasurer for the cost of 
the same not to exceed seven hundred dollars, when approved 
by the governor. 



Resolution of Approval 

BY THE 

State Board of Education, 

JUNE 8, 1882. 



Resolved, That tlie state board of educatiou, having exam- 
iued the "School Manual" prepared by the commissioner 
of public schools, in accordance with the resolution passed 
at the January Session, 1881, hereby approve the same and 
order its publication. 

Alfred H. Littlefield. 

Henry II. Fay, 

George L. Locke, , ^ „ , 

f State Board 

Charles J. White, 



Daniel Leach, 
DwiGHT K. Adams, 
David S. Baker, Jr., 
Lucius D. Davis, 



of 
Education. 



Contents, 



Extracts from the Constitution op the State. 

Page. 
Art. I. Declaration of certain constitutional rights 

and principles, 1 

IX. Of qualifications for office, ... 3 
XII. Of education, 3 

Extracts fro.m the Public Statutes. 

Title V. 

Chapter 28. Of the permanent school fund, . . 5 

Title VII. 

Chapter 34. Of powers of, and of suits by and against 

towns, 7 

Title VIII 
Chapter 46. General provisions concerning taxes, . 9 

Title IX. 

Chapter 47. Of the board of education, . . .11 
48. Of the commissioner of public schools, . 14 



X. 




SCHOOL MANUAL. 








Page. 


Chapter 49. 


Of the appropriations for public schools, 


15 




50. 


Of the powers and duties of towns and of 
the town treasurer and town clerk rela- 








tive to public schools 


18 




51. 


Of the powers of school districts and 








school officers, 


22 




52. 


Of district meetings, .... 


24 




53. 


Of joint school districts, .... 


26 




54. 


Of the levy of district taxes, . 


29 




55. 


Of the trustees of school districts, . 


31 




56. 


Of the powers and duties of school com- 
mittees, and apportionment and uses of 








school money, 


34 




57. 


Of teachers, 


40 




58. 


Of legal proceedings relating to public 








schools, 


42 




59. 


Of the normal school, teachers' institutes 








and lectures, 


46 




60. 


Of truant children and absentees from 








school, ........ 


48 




61. 


General provisions relating to public 








schools, 


50 




62. 


Of state scholarships in Brown University, 


54 




63. 


Of the state census 

Title XIII. 


55 


Chapter 78. 


Of appropriations for the education of 








indigent blind, deaf and dumb, idiotic 








and imbecile persons, . . . ' . 


58 






Title XX. 




Chapter 169 


Of masters, apprentices and laborers, 


60 



CONTENTS, 



Title XXX. 



Page. 



Chapter 241. Of offences against the public peace and 

property, 62 

242. Of offences against private propertj', . 62 

Extracts from the Public Laws. 

Chapter 291. An act to establish a state school for tlie 

deaf, 64 

316. An act making an appropriation for the 

R. I. School of Design, ... 65 

Decisions. 

Powers of districts and school officers 69 

District meetings, 81 

District taxes, 92 

Trustees, Ill 

Powers and duties of school committee and apportion- 
ment and uses of school money, .... 123 

Teachers, 153 

Legal proceedings, 158 



Remarks 

Board of education. 
Commissioner of public schools. 

Towns, 

Town clerks, .... 
Town treasurers, 
School committees, 



175 
176 

177 
178 
178 
179 



SCHOOL MANUAL. 



School superintendents, 

Districts, 

Taxation, 

Teachers, 

Appeals, 

Libraries, 

CouKSE OF Studies, 

Forms, . 

Index to Public Statutes and Laws, 

Index to Decisions, Remarks and Forms 



Page. 
208 
313 
325 
231 
240 
242 
244 
256 
389 
311 



*^ 



EM"t>£ 



-9j 



EXTRACTS 



FROM THE 



Constitution of Rhode Island, 



Airrici.K I. 

1)ECLAIIATK)N OF UUiHTS. 
SSECTION 

2. Object of tcovernment. — How- 

laws should 1)6 mucle and bur- 
dens distributed. 

3. Religious freedom secured. 

ARTICLE IX. 
Qualifications fok Office. 
Section 
1. Qualified electors only eligible. 



ARTIOLK XII. 
Education. 
(Section 

1. Duty of general assembly to 

promote schools, etc. 

2. The permanent school fund. 

3. Donations for support of 

schools. 

4. Powers of general assembly 

under this article. 



PREAMBLE. 

WE, the people of the State of Rhode Island aud 
Provideuce Plantations, grateful to Almighty God for 
the civil and religious liberty which he hath so long 
permitted us to enjoy, and looking to Him for a bless- 
ing upon our endeavors to secure and to transmit the 
same unimpaired to succeeding generations, do ordain 
and estalilish this constitution of government. 
1 



SCHOOL MANITAI. 



ARTICLE I. 

Declaration of Certain Constitutional Rights and 
Principles. 

lu order effectually to secure the religious and polit- 
ical freedom established by our venerated ancestors, 
aud to preserve the same for our posterity, we do 
declare that the essential and unquestionable rights 
and principles hereinafter mentioned shall be estab- 
lished, maintained and preserved, and shall be of 
paramount obligation in all legislative, judicial aud 
executive proceedings. 

Section 2. All free governments are instituted for 
the protectiou, safety aud happiness of the people. 
All laws, therefore, should be made for the good of 
the whole ; and the burdens of the State ought to be 
fairly distributed among its citizens. 

Sec. 3. Whereas Almighty God hath created the 
mind free ; aud all attempts to influence it by tempo- 
ral punishments or burdens, or by civil incapacitations, 
tend to beget habits of hypocrisy and meanness ; and 
whereas a principal object of our venerable ancestors, 
in their migration to this country aud their settlement 
of this State, was, as they expressed it, to hold forth 
a liveh' experiment, that a flourishing civil State may 
stand aud be best maintained with full liberty in relig- 
ious concernments : we, therefore, declare that no 
man shall be compelled to frequent or to support any 
religious worship, place, or ministry whatever, except 
in fulfilment of his own voluntary contract ; nor en- 



EXTRACTS FROM CONSTITUTION OF RHODK ISLAND. 



forced, restrained, molested, or burdened in liis l)ody 
or "oods ; nor disqualified from holding any ottiee ; 
nor otherwise suft'ei- on aocount of his religious belief ; 
and that every man shall be free to worship God ac- 
cording to the dictates of his own conscience, and to 
profess and by argument to maintain his opinion in 
matters of religion ; and that the same shall in no wise 
diminish, enlarge, or affect his civil capacity. 

ARTICLE IX. 

<)f Qn((1iJi<;ations for Office. 

Skction 1. No pei'son sliall l)e eligible to any civil 
office, (except the office of school committee), unless 
he be a qualified elector for such office. 

ARTICLE XII. 

Of Education. 

Section 1. The dift'usion of knowledge, as well as 
of virtue, among the people, being essential to the 
preservation of their rights and liberties, it shall be 
the duty of the general assembly to promote public 
schools, and to adopt all means which they may deem 
necessary and proper to secure to the people the ad- 
vantages and opportunities of education. 

Sec. 2. The money which now is or which may 
hereafter be appropriated by law for the establishment 
of a permanent fund for the support of public schools, 
shall be securely invested, and remain a perpetual fund 
for that purpose. 

Sec. 3. All donations for the support of public 



SCHOOL MANUAL. 



schools, or for other purposes of education, which may 
be received by the general assembly, shall be applied 
according to the terms prescribed by the donors. 

Sec. 4. The general assembly shall make all nec- 
essary provisions by law for carrying this article into 
effect. They shall not divert said money or fund from 
the aforesaid uses, nor borrow, appropriate, or use the 
same, or any part thereof, for any other purpose, un- 
der any pretence whatsoever. 



^fe-f* ^'pr^^^zq*— — 4-^ 



Extracts from the Public Statutes 

OF THE 

State of Rhode Island 

RELATINW Tl) 

PUBLIC INSTRUCTION. 



In the Year of Our Lord 1882. 



TITLE V. 

CHAPTER 28. 
Of the Permanent School Fund. 

Section i Section 

1. Oreneral Trea^iurer to regulate | State for public schools and 

the custody of the school | forfeited by any town, to be 

fund, and to keep the same added to the school fund, 

invested. 4. -Additions to said fund to be 

2. Money paid to the State by invested. 

auctioneers, to be added to 5. Income of the fund to be ap- 
the school fund. ; propriated for the support 

3. Money appropriated by the 1 of public schools. 

Section 1. Tlie general treasurer, with the advice 
of the governor, shall have full power to regulate the 



SCHOOL MANUAL. 



custody and safe keeping of the fund now constituting 
the permanent fund for the support of public schools, 
and shall keep the same securely invested in the capital 
stock of some safe and responsible bank or banks or 
in bonds of towns or cities within this State. 

Sec. 2. The money that shall be paid into the State 
treasury by auctioneers, for duties accruing to the 
use of the State, is appropriated, and the same shall 
annually be added to said school fund, for the perma- 
nent increase thereof. 

Sec. 3. Whenever any money appropriated to any 
town from the State treasury, for the support of public 
schools therein, shall have been forfeited by such town, 
the same shall be added to said school fund, and shall 
forever remain a part thereof. 

Sec. 4. The general treasurer, with the advice of 
the governor, shall from time to time securely invest 
all sums of money hereby directed to be added to said 
fund, in the capital stock of some safe and responsible 
bank or banks or in bonds of any town or city within 
this State. 

Sec. 5. The income arising from said fund so in- 
vested shall annually be appropriated for the support 
of public schools in the several towns. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 



TITLE VII. 



CHAPTER 34. 

Of the Powers of, and of Suits by and against Towns. 



Section 

5. Power to vote and grant 

money for schools and libra- 
ries. 

6. Power to establish free public 

libraries. 



Section 



Power to appropriate money 
for maintenance, etc., of such 
libraries. 



Section 5. Towns may, at any legal meeting, grant 
and vote such sums of money as they shall judge nec- 

For the support of schools, purchase of sites for and 
the building and repair of school-houses ; and for the 

establishing and maintaining of school libraries ; 

* ******** * 

Sec. 6. The electors of the city of Providence, at 
the annual election for members of the city council, 
may, by a majority vote of such electors voting, and 
the electors in every other town (jualified to vote upon 
any proposition to impose a tax, or for the expenditure 
of money in such town, may, l>y a majority vote of 
such electors voting at the annual meeting for the elec- 
tion of town officers, or members of the city council 
therein, appropriate a sum not exceeding twenty-five 
cents on each one hundred dollars of the ratable prop- 
erty of such town in the year next preceding such ap- 
propriation, for the foundation therein of a free public 
library, with or without branches, for all the inhabit- 



SCHOOL MANUAL. 



ants thereof, and to provide suitable rooms for such 
library, which shall be used under such regulations as 
may from time to time be prescribed by the town 
council of such town, or city council of such city. 

Sec. 7. Any town having established a free public 
library therein, in manner as aforesaid, may annually, 
by the majority vote of the electors thereof, qualified 
as aforesaid, and voting on the proposition, appropri- 
ate a sum not exceeding twenty cents on each one 
thousand dollars of its ratable property, in the year 
next preceding such appropriation, for the mainte- 
nance and increase of such library therein, and may 
take, receive, hold and manage any devise, bequest 
or donation for the establishment, increase or mainte- 
nance of a public library therein, to be under such 
regulations for its government, when they are not pre- 
scribed by its donor, as may from time to time be 
prescribed by the town council of such town, or the 
city council of such city : Provided, that the town of 
Pawtucket may appropriate a sum not exceeding thirty 
cents on each one thousand dollars of its ratable prop- 
erty. 



STATUTES KELATING TO PUBLIC INSTRUCTION. 



TITLE VIII. 



CHAPTER 4(;. 
(reiteral Prooishufi couceruuuj Taxes. 



Section 

1. Towns may provide for deduc- 

tion, if tax is paid, and im- 
pose a percentage, if tax is 
not paid. 

2. Orticers neglecting to perform 

duties required of them, lia- 
ble to be indicted. 



Section 

3. Town taxes to have preference, 

in cases of insolvency. 

4. Compensation of assessors, 

town clerks and collectors. 

5. Provisions of this title applica- 

ble to highway and school 
district taxes. 



Section 1. Any town may provide for snch deduc- 
tion from the tax assessed against any person, if paid 
by an appointed time, or for such penalties by way of 
percentage on a tax, if not paid at the time appointed, 
not exceeding twelve per centum per annum, as they 
shall deem necessary to insure punctual payment. 

Sec. 2. Every officer who shall neglect or refuse 
to perform any duty imposed on him in this title, or 
who shall not comply with the provisions thereof, or 
who shall in anywise knowingly violate any provisions 
thereof, shall be imprisoned not exceeding one year or 
be fined not exceeding five hundred dollars, which fine, 
in case it be a state tax, shall be paid into the state 
treasury, or if a town tax, into the town treasury, or 
if a school district tax, into the school district treas- 
ury, or if a fire corporation tax, into the fire corpora- 
tion treasury. 

Sec 3. Whenever any person shall liecome insol- 
vent, or die insolvent, town taxes due from him or his 



10 SCHOOL MANUAL. 



estate shall have preference, after debts or taxes due 
the United States and this state, over all other debts 
or demands, save those due for necessary funeral 
charges, and for attendance and medicine during his 
last sickness. 

Sec. 4. Assessors shall receive such compensation 
as the town shall allow ; town clerks shall be paid for 
copying tax bills as for other copies ; and collectors 
shall be paid for collecting at the rate of five per cent- 
um, unless they shall have agreed with the town for a 
less sum ; which fees shall be paid out of the town 
treasury. In case of distraint of personal property, 
or levy on land, the collector shall have the same fees 
as sheriffs have in similar cases. 

Sec. 5. The provisions of this title shall apply to 
all highway and school district taxes, so far as they 
may be applicable. 



c->$^|^'^> 



STATUTES RELATING TO PUBLIC INSTRUCTION. 11 



TITLE IX. 

OF rUBLIC INSTHUCTION. 



Chai'TEU 47. Of the board of I'lliication. 

Chapter 48. Of the commisHioner of public schools. 

Chapteb 49. Of the appropriation for public schools. 

Chapter 50. Of the powers ami duties of towns and of the town treasurer 

and town clerk relative to public schools. 

Chapter 51. Of the powers of school districts. 

Chapter .52. Of district meetings. 

Chapter 5.3. Of joint sdiool districts. 

Chapter 54. Of the levy of district ta.\es. 

Chapter .55. Of the trustees of school districts. 

Chapter 56. Of the powers and duties of school committees. 

Chapter 57. Of teachers. 

Chapter 58. Of legal proceedintfs relatiuK to public schools. 

Chapter .59. Of the normal school, teachers institutes' and lectures. 

Chapter 60. Of truant children and absentees from school. 

Chapter 61. (Jeneral provisions relatinif to i>ublic schools. 

Chapteii 62. Of state scholarships in Brown I'niversity. 

Chapter 63. Of the state census. 



CHAFrp:R 47. 

Of the Board of EdiicKtioii. 



Section 

1. Board of education, how con- 

stituted, and duties of. 

2. How divided, and term of 

office. 

3. Vacancies, how tilled. 

4. Officers of. 

5. To hold quarterly meetings, and 

prescribe necessary rules, etc. 



Section 

6. Appropriation for free ])ublic 

libraries. 

7. Board to establish rules, etc. 

8. Payments how to be made. 

9. ]5oard to rei)ort to general as- 

sembly. 
10. 'I'ravelliui; e.\])en8e8 of, how 
paid. 



Section 1. The oenenil svii)ervision and control 
of the pul)lic schools of the state, with such high 



12 SCHOOL MANUAL. 



schools, normal schools and normal institutes, as are 
or may be established and maintained wholly or in part 
by the state, shall be vested in a state board of educa- 
tion, which shall consist of the governor and the lieu- 
tenant-governor as members, by virtue of their office, 
and of one other member from each of the counties of 
the state, with the exception of Providence county, 
which shall have two other members. The board 
of education shall elect the commissioner of public 
schools. 

Sec. 2. The members of the board of education 
shall continue to be divided into three classes, and to 
hold their offices until the terms for which they were 
respectively elected shall have expired. 

Sec. 3. Two members of the board of education 
shall be elected annually at the May session of the 
general assembly, in grand committee, from the coun- 
ties in which vacancies shall occur in said board, who 
shall hold office for three years, and until their succes- 
sors shall have been elected and qualified ; vacancies 
in said board shall be filled for any unexpired term by 
an election from the county for which the member 
whose office is vacant was elected, in the same man- 
ner, at any session of the general assembly. 

Sec. 4. The governor shall be president, and the 
commissioner of public schools shall be secretary of 
the board of education. 

Sec. 5. The board of education shall hold quar- 
terly meetings in the first week of March, June, Sep- 
tember and December of each year, at the office of the 
commissioner of public schools, and may hold special 



STATLTKS HP:lATIN« TO PIBLIC INSTKICTION. 13 

meetings at the call of the president or secretary. 
They shall prescribe, and cause to l)e enforced, all 
rules and regulations necessary for carrying into effect 
the laws in relation to pul)lic schools. 

Sec. C). The l)oard of education may cause to be 
paid annually to and for the use of each free public 
library established and maintained in the state, and to 
be expended in the purchase of books therefor, a sum 
not exceeding fifty dollars for the first five hundred 
volumes included in such library, and twenty-five dol- 
lars for every additional five hundred volumes therein : 
Provided, that the annual payment for the benefit of 
any one such library shall not exceed the sum of five 
hundred dollars. 

8eo. 7. The board of education shall from time 
to time establish rules prescri])ing the character of 
the ]»ooks which shall constitute such a library as will 
be entitled to the benefits conferred by the preceding 
section, regulating the luanagement of such liljrary so 
as to secure the free use of the same to the people of 
the town and neighborhood in which it shall be estab- 
lished, and directing the mode in whicli the sums paid 
in pursuance of this chapter shall be expended. No 
library shall receive anj' lienefit under the foregoing- 
provisions, unless such rules shall have been complied 
with l)y those in charge thereof, nor until they shall 
have furnished to said board satisfactory evidence of 
the nuiuber and character of the books contained in 
said lil)rary. 

Sec. 8. P^very payment herein authorized shall be 
made by the general treasurer upon the order of the 
commissioner of pulilic schools, approved by the board 



14 SCHOOL MANUAL. 



of education, and payable to the librarian or other 
person having charge of such library or of the funds 
applied to its support designated by said board. 

Sec. 9. Tlie board of education shall make an an- 
nual report to the general assembly at the adjourned 
session in Providence. 

Sec. 10. The members of said board shall receive 
no compensation for their services, but the general 
treasurer shall pay, upon the order of the state audit- 
or, the necessary expenses of the members, when at- 
tending the meetings of the board, or when travelling 
on official l)usiness within the state, after the bills 
have been approved by the general assembly. 



CHAPTER 48. 

Of the Commissioner of Public /Schools. 



Section 

1. Commissioner, how elected. 

2. May employ a cleric. 

3. Duties of the commissioner. 



Section 
4. To secure uniformity of text- 
books. 
.5. To report to board of education. 



Section 1. There shall be annually elected a com- 
missioner of public schools in the manner prescribed 
in the preceding chapter, who shall devote his time 
exclusively to the duties of his office. In case of sick- 
ness, temporary absence, or other disability, the gov- 
ernor may appoint a person to act as commissioner 
during such absence, sickness or disability. 

Sec. 2. He may employ a clerk to assist in the du- 
ties of his office at an annnal compensation not exceed- 
ing five hundred dollars. 



STATUTES RELATIXc; TO PUHLIC INSTUrCTKJN. 



U) 



Sec. 3. The commissioner of public schools shall 
visit, as often as practicable, every school district 
in the state, for the purpose of inspecting the 
schools, and diffusing as widely as possible, by public 
addresses and personal communications with school 
officers, teachers and parents, a knowledge of the 
defects, and of anj' desirable improvements in the 
administration of the system and the government and 
instruction of the schools. 

Sec. 4. He shall, under the direction of the board 
of education, recommend and bring about, as far as 
practicable, a uniformity of text-liooks in the schools 
of all the towns ; and shall assist in the establishment 
of, and selection of books for, school libraries. 

Sec. 5. He shall annually, in December, make a 
report to the board of education, upon the state and 
condition of the schools and of education, with plans 
and suggestions for the improvement of said schools. 



CHAPTER 41). 
Of the Ap2)i'opriatio)is for Pnhlir. Schools. 



Section 
1. Appropriation from the state 

treasury. 
"2. How apportioned. 

3. How to be expended. 

4. Conditions upon which towns 

shall receive their proportion. 

5. Forfeiture of town's proportion. 

6. Orders on the general treasurer. 

7. Appropriation to purchase dic- 



Section 

tionaries, etc., for public 

schools. 
S. How apportioned. — Of orders 

on state treasurer for same. 
9. Of future apportionments in 

case applications exceed 

amount of appropriation. 
10. Of appropriation for evening 

schools. 



Section 1. The sum of ninety thousand dollars 
shall be annually paid out of the income of the per- 



16 SCHOOL MANUAL. 



manent school fund, and from other money in the 
treasury, for the support of public schools in the sev- 
eral towns, on the order of the commissioner of public 
schools. 

Sec. 2. The sum of sixty-three thousand dollars 
of the amount aforesaid shall be apportioned annually, 
in May, by the commissioner of public schools among 
the several towns, in proportion to the number of chil- 
dren therein under the age of fifteen years, according 
to the census of the United States, or of this state, 
then last preceding ; and the sum of twenty-seven 
thousand dollars shall be apportioned among the sev- 
eral towns in proportion to the numl)er of school dis- 
tricts in each town. 

Sec. 3. The money appropriated from the state as 
aforesaid shall be denominated teachers' money, and 
shall be applied to the wages of teachers, and to no 
other purpose. 

Sec. 4. No town shall receive any part of such 
state appropriation, unless it shall raise by tax for 
the support of public schools, a sum equal to the 
amount it may receive from the treasury for the sup- 
port of public schools. 

Sec. o. If any town shall neglect or refuse to 
raise or appropriate the sum required in the preceding 
section on or before the first day of July, in any year, 
its proportion of the public money shall be forfeited, 
and the general treasurer, on being informed thereof 
in writing by the commissioner of public schools, shall 
add it to the permanent school fund. 

Sec. 6. The commissioner of public schools shall 



STATUTES RELATING TO PUBLIC INSTRUCTION. 17 

draw orders on the general treasurer for their propor- 
tion of the appropriation for public schools, in favor 
of all such towns as shall on or before the tirst day of 
July annually comply with the conditions of section 
four of this chapter. 

Sec. 7. The sum of three thousand dollars shall 
l)e annually appropriated for the purchase of diction- 
aries, encyclopedias and other works of reference, 
maps, globes and other apparatus for the use of the 
public schools of the state. 

Sec. 8. Said sum of three thousand dollars shall 
be apportioned among the several towns and districts 
as follows : Every town or district desiring to avail 
itself of this appropriation shall make application 
therefor to the commissioner of public schools, and 
with said application shall file proper vouchers that at 
least an amount equal to that asked for from the state 
has been raised or appropriated for the same purpose 
by the town or district. Upon the receipt of said ap- 
plication and vouchers, the commissioner of public 
schools may draw his order on the general treasurer 
in favor of said applicant to an amount not to exceed 
fifty dollars in any one year, in favor of any town not 
divided into districts, and not to exceed twenty dollars 
in favor of any district : Provided, that the gross 
amount in any one fiscal year shall not exceed three 
thousand dollars. 

Sec 9. In case the number and amount of appli- 
cations in any one fiscal year shall exceed the limit of 
the appropriation, the commissioner of public schools 
shall record the date of each application, and in the 
apportionment for the following year such recorded 



18 



SCHOOL MANUAL. 



applications shall have the preference in the order of 
their dates. 

Sec. 10. There shall be an annual appropriation 
for the support and maintenance of evening schools in 
the several towns of this state, under the general su- 
pervision of the state board of education, who shall 
apportion said appropriation annually among the sev- 
eral towns, and draw orders therefor on the general 
treasurer. 



CHAPTER 50. 



Of the Poivers and Duties of Toions and of the Town 
Treasurer and Town Clerk relative to Public Schools. 



Section. 

1. Towns shall maintain schools 

with or without districts. 

2. Towns may be divided into 

districts. 

3. Towns may provide school- 

houses for districts. 

4. School committee, how and 

when chosen. 

5. Superintendent, how appoint- 

ed, his duties and compensa- 
tion. 

6. Town treasurer to receive and 

keep account of school money, 
and credit school account with 
amount received for registry 
taxes. 



Section. 

7. To submit statement of school 

money to committee. 

8. I'o transmit statement of money 

raised and paid out, to com- 
missioner. 

9. Town clerks to record bounda- 

ries of districts, and distri- 
bute school documents. 

10. Annual census of children of 

school age. 

11. Blanks, by whom provided, and 

to call for what information. 

12. Census returns to be arranged, 

etc. 



Section 1. Every town shall establish and main- 
tain, with or without forming districts, a sufficient 
number of public schools, at convenient places, under 
the management of the school committee, subject to 



STATUSES RELATING TO PUBLIC INSTRUCTION. 19 

the supervision of the cominissioner of pu1)lic schools 
as provided by this title. 

Sec. 2. Any town may be divided liy a vote thereof, 
into school districts. 

Sec. 3. Any town may vote, in a meeting notified 
for that purpose, to provide school-houses, together 
with the necessary fixtures and appendages thereof, in 
all the districts, if there be districts, at the common 
expense of the town : Provided, that if any district 
shall provide, at its own expense, a school-house ap- 
proved by the school committee, such district shall not 
be liable to be taxed l)y the town to provide or rei)air 
school-houses for the other districts. 

Sec. 4. The school committee of each town shall 
consist of three residents of the town, or of such 
number as at the present time constitute the connnit- 
tee, and they shall be divided as equally as may be, 
into three classes, whose several terms of office shall 
expire at the end of three years from the dates of 
their respective elections ; and in the case of the first 
election of a school committee under this chapter, the 
terms of office of the three classes shall be respect- 
ively one year, two years and three years ; the classes 
and their terms of office to be determined by lot by the 
committee at their first meeting after their election. 
As the office of each class shall become vacant, such 
vacancy or vacancies shall be filled l>y the town at its 
annual town meeting for the election of state or town 
officers, or by the town council at its next meeting 
thereafter. In case of a vacancy by death, resigna- 
tion, or otherwise than is above provided, such vacancy 
shall be filled by the town council, until the next an- 



20 SCHOOL MANUAL. 



nual town meeting for state or town officers, when it 
shall be filled for the unexpired term thereof as is 
above provided. 

Sec. 5. Any town at its annual town meeting may 
elect, or failing to do so, its school committee shall 
appoint, a superintendent of the schools of the town, 
to perform, under the advice and direction of the com- 
mittee, such duties, and to exercise such powers as 
the committee shall assign to him, and to receive such 
compensation out of the town treasury as the town 
shall vote. In case of a vacancy it shall be filled 
until the next annual town meeting by the school com- 
mittee. 

Sec. 6. The town treasurer shall receive the money 
due the town from the state for public schools, and 
shall keep a separate account of all money appropri- 
ated by the state or town or otherwise for public 
schools in the town, and shall pay the same to the 
order of the school committee, and he shall credit the 
public school account, on the first Monday of May in 
each year, with the total amount of money received by 
him for registry taxes during the year ending the 
thirtieth day of April last preceding. 

Sec. 7. The town treasurer shall, before the first 
day of July in each year, submit to the school com- 
mittee a statement . of all moneys applicable to the 
support of public schools for the current school year 
specifying the sources of the same. 

Sec. 8. The town treasurer shall, on or before the 
first day of July, annually, transmit to the commis- 
sioner of public schools a certificate of the amount 



STATUTES RELATING TO PUBLIC INSTRUCTION. 21 



which the town has voted to raise by tax for the sup- 
port of public schools for the current year ; and also a 
statement of the amount paid out to the order of the 
school connnittee and from what sources it was derived 
for the year ending the thirtieth day of April next 
preceding ; and until such return is made to the com- 
missioner, he may, in his discretion, withhold the order 
for the money in the state treasury belonging to such 
town. 

Sec. 9. The town clerk shall record the bounda- 
ries of school districts and all alterations thereof in a 
book to be kept for that purpose, and shall distribute 
such school documents and blanks as shall be sent to 
him to the persons for whom they are intended. 

Sec. 10. The town clerks, or some person whom 
the board of aldermen of any city, or the town council 
of any town shall ap))oint for the purpose, shall annu- 
ally, in the month of January, take or cause to be 
taken, a census of all persons between the ages of five 
and fifteen years inclusive, residing within the limits 
of their respective towns on the first day of said Jan- 
uary. 

Sec. 11. The blank forms required to carry out 
the requirements of the preceding section shall be 
furnished by the commissioner of public schools to 
each town, on or before the first day of December in 
each year, and they shall call in substance for the fol- 
lowing information, namely, the name, age, number of 
weeks' attendance upon any school, parents' name and 
residence, of each person enumerated. 

Sec. 12. The returns of said census shall be alpha- 
betically arranged and deposited in the hands of the 



22 



SCHOOL MANUAL. 



school committees of the several towns ou or before 
the first day of April in each year ; and the receipt of 
the chairman or clerk of the school committee to the 
eifect that the above returns have been so received by 
him shall be forwarded to the commissioner of public 
schools, before he shall draw his order for the pay- 
ment of any portion of the public money to that town. 



chaptj:r 51. 



Of the Poioers of School Districts and School Officers. 



Section. 

1. School district a body corpo- 

rate. 

2. Powers of school district. 

3. District may build and repair 

school-houses, etc. 

4. May raise money by tax. 

5. Officers of the district. 

6. Powers and duties of district 

officers. 



Section. 

7. District taxes, how collected. 

8. Town collector may collect. 

9. District neglecting to organize, 

committee may establish 
school. 
10. District may devolve its duties 
and powers on the committee. 



Section 1. Every school district shall be a body 
corporate, and shall be known by its number, or other 
suitable designation. 

Sec. 2. Every school district may prosecute- and 
defend in all actions in which said district or its officers 
are parties, may purchase, receive, hold and convey 
real or personal property for school purposes, and may 
establish and maintain a school library. 

Sec. 3. Every such district may build, purchase, 
hire and repair school-houses, and supply the same 
with blackboards, maps, furniture and other necessary 
and useful appendages, and may insure the house and 



STATUTES RELATING TO PUBLIC INSTRUCTION. 23 

tippendages against dainage by tire : Provided, tliat 
tlie erectiou and repairs of tlie scliool-honse sliall be 
made according to tlie plans ajjproved hy the school 
coniniittee, or on api)eal, b}' the commissioner of pn])lic 
schools. 

Sec. 4. Every such district may raise money l)y 
tax on the ratalile property of the district, to support 
public schools, and to carry out the powers given them 
by any of the provisions of this title : Provided, that 
the amount of the tax shall be approved I)y the 
school committee of the town. 

>Sec. 5. Every such district shall annually elect a 
moderator, a clerk, a treasurer, a collector and either 
one or three trustees, as the district shall decide, and 
may fill vacancies in either of said offices at any legal 
meeting. The moderator may administer the oath of 
ottice to all tlie other otHcers of the school district. 

8ec. 6. The clerk, collector and treasurer, within 
their respective school districts, shall have the like 
power, and shall perform like duties, as the clerk, col- 
lector and treasurer of a town ; but the clerk, col- 
lector and treasurer need not give bond, unless required 
by the district. 

Sec. 7. All district taxes shall ])e collected b}' the 
district or town collector, in the same manner as town 
taxes are collected. 

Sec. 8. Any district may vote to place the collec- 
tion of an}' district tax in the hands of the collector 
of town taxes, who shall thereupon be fully author- 
ized to proceed and collect the same, upon giving bond 
therefor to the district, satisfactoiy to the school com- 
mittee. 



24 SCHOOL MANUAL. 



Sec. 9. If any school district shall neglect to 
organize, or if organized, shall for any space of six 
mouths, neglect to establish a school and employ a 
teacher, the school committee of the town may them- 
selves or by an agent establish a school in the dis- 
trict school-house, or elsewhere in the district, in their 
discretion, and employ a teacher. 

Sec. 10. Any district may, with the consent of the 
school committee, devolve all the powers and duties 
relating" to public schools in the district on the school 
committee. 



CHAFrER 52. 

Of District Meetings. 



Section 

1. Meeting for'organization, notice 

of, how and by whom to be 
given. 

2. Annual meetings, when held. 

3. Special meetings, how called. 

4. District meetings, where held. 



Section 

5. Notice of time and place, how 

to be given. 

6. Qualification of voters. 

7. Clerk to record names of voters 

on request. 



Section 1. Notice of the time, place and object 
of holding the first meeting of a district for organiza-- 
tiou, or for a meeting to choose officers or transact 
other business, iu case there be no trustees authorized 
to call a meeting, shall be given by the school commit- 
tee of the town at such time and iu such manner as 
they may deem proper. 

Sec. 2. Every school district when organized shall 
hold an annual meeting in the mouth of April of each 
year, for choice of officers and for the transaction of 
any other ])usiness relating to schools. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 25 



Sec. 3. The trustees may call a special meeting 
for election or other business at any time, and shall 
call one to be held within seven days on the written 
request of any five qualified electors stating the object 
for which they wish it called ; and if the trustees neg- 
lect or refuse to call a special meeting when requested, 
the school committee may call it and fix the time there- 
for. 

Sec. 4. District meetings shall be held in the 
school-house, unless otherwise ordered l)y the district. 
If there be no school-house, or place appointed by the 
district for district meetings, the trustees, or if there 
be no trustees, the school committee shall determine 
the place, which shall always be within tlie district. 

Sec. 5. Notice of the time and place of every an- 
nual meeting, and of the time, place and object of 
every special meeting shall be given, either l)y pub- 
lishing the same in a newspaper published in the dis- 
trict, or by posting the same in two or more public 
places in the district for five days before holding the 
same. 

Sec. 6. Every person residing in the district may 
vote in district meetings, to the same extent and with 
the same restrictions as he might at the time vote in 
town meeting ; but no person shall vote upon any 
question of taxation of property, or expending money 
raised thereby, unless he shall have paid or be liable 
to pay, a portion of the tax. 

Sec. 7. The clerk of the district shall record the 
number and names of the persons voting, and on 
which side of the question, at the request of any qual- 
ified voter. 

3 



26 



SCHOOL MANUAL. 



CHAPTER 53. 

Of Joint /School Districts. 



Section 

1. School for advanced children 

may be established by ad- 
joining districts. 

2. Such districts to constitute a 

school district. 

3. Meeting for organization, time 

and place of. 

4. Public money, proportion of 

each district, how drawn, 
and to whom paid. 

5. Consolidated districts in the 

same town, powers of. 

6. To receive public money as if 

not united. 

7. Mode of organization. 



Section 
8. Joint 



districts in different 
towns, how formed. 

Meeting for organization, how 
and by whom called. 

Powers and supervision of 
such district. 

What portion of public money 
entitled to. 

Corporate property, how 
owned. 

Apportionment of property 
when districts are divided. 

District added to another own- 
ing property, to pay its pro- 
portion, if demanded. 



Section 1. Any two or more adjoining scliool dis- 
tricts in the same or adjoining towns, may, b}^ a con- 
cnrrent vote, establisli a school for the older and more 
advanced children of such districts. 

Sec. 2. Such associating districts shall constitute a 
school district for the purposes of providing a school- 
house, fuel, furniture and apparatus, and for the elec- 
tion of a board of trustees, to consist of one member 
from each district so associating, and for levying a tax 
for school purposes, with all the rights and privileges 
of a school district, so far as such school is concerned. 

Sec 3. The time and place for the meeting for 
organization of such associate district may be fixed 
by the school committees, and any one or more of the 
associating districts may delegate to the trustees of 
such school, the care and management of its primary 
school. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 27 

vSec. 4. The school committee of the town or towns 
in which snch school shall be established, shall draw 
an order in favor of the trustees of such school, to be 
paid out of the puljlic money appropriated to each dis- 
trict interested in such school, in proportion to the 
number of scholars from each. 

!Sec. 5. Any two or more adjoining school dis- 
tricts in the same town may, l)y concurrent vote, with 
the approbation of the school committee, unite and be 
consolidated into one district for the purpose of sup- 
porting pul)lic schools, and such consolidated district 
shall have all the powers of a single district. 

Hkv. G. Such consolidated district shall be entitled 
to receive the same proportion of pnl)lic money as such 
districts would receive if not united. 

Sec. 7. The. mode of organizing such consolidated 
district and calling the first meeting thereof shall be 
regulated or prescribed by the school committee, and 
notice thereof given as prescribed in section tive of 
chapter fifty-two. 

Sec. 8. Two or more adjoining districts or parts 
of districts, in adjoining towns, may be formed into a 
joint school district by the school committees of snch 
towns concurring therein, and all joint districts which 
have been or shall be formed, may by them be altered 
or discontinued. 

Sec. I). The meeting for organization of snch joint 
district shall be called by the school committees of 
such towns, and notice thereof shall be given as pre- 
scribed in section five of chapter fiftv-two. 



28 SCHOOL MANUAL. 



Sec. 10. Such joint district shall have all the pow- 
ers of a single school district, and shall be regulated 
in the same manner, and shalUbe subject to the super- 
vision and management of the school committee of 
the town in which the school is located. 

Sec. 11. A whole district making a portion of 
such joint district, shall be entitled to its proportion 
of public money, in the same n^anner as if it had re- 
mained a single district ; and whenever part of a dis- 
trict is taken to form a portion of such joint district, 
the school committee of the town of which such district 
is a part shall assign to it its reasonable proportion. 

Sec. 12. Whenever any two or more districts shall 
be consolidated, the new district shall own all the cor- 
porate property of the several districts. 

Sec. 13. Whenever a district is divided, and a 
portion taken from it, the funds and property, or the 
income and proceeds thereof, shall be divided among 
the several parts, in such manner as the school com- 
mittee of the town or towns to which the districts be- 
long, may determine. 

Sec. 14. Whenever a part of one district is added 
to another district or part of a district owning a school- 
house or other property, such part shall pay to the dis- 
trict or part of a district to which it is added, if 
demanded, such sum as the school committee may 
determine, towards paying for such school-house and 
other property. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 29 

CHAPTER 54. 

Of the Levy of District Taxes. 

lECTioN I Section 

1. DiHtrict taxes, how levied. 6. Abatement of taxes, how and 

2. Town assessors to assess value ; when to be made. 

of property, in what cases, i 7. School-house and taxes of joint 

3. Notice of such assessment, how districts, by whom to be ap- 

t;iven." [ proved. 

4. Commissioner in certain cases 8. Assessment of taxes in joint 



may order assessment. 
Errors in assessment, how cor- 
rected. 



districts. 



Section 1. District taxes shall be levied on the 
ratable property of the district, according to its value 
in the town assessment then last made, unless the dis- 
trict shall direct such taxes to be levied according to 
the next town assessment ; and no notice thereof shall 
lie required to be given by the trustees. 

Sec. 2. The trustees of any school district, if un- 
able to agree with the parties interested with regard to 
the valuation of au}^ property in such district, shall 
call upon one or more of the town assessors not inter- 
ested, and not residing in the district, to assess the 
value of such property so situated, in the following 
cases, namely : Whenever any real estate in the dis- 
trict is assessed in the town tax bill with real estate 
out of the district, so that there is no distinct or sepa- 
rate value upon it ; whenever any person possessing 
personal propert}' shall remove into the district after 
the last town assessment ; whenever a division and 
apportionment of a tax shall become necessary by 
reason of the death of any person, or the sale of such 



30 SCHOOL MANUAL. 



property ; whenever a person lias invested personal 
property in real estate and shall call upon the trustees 
to place a value thereon ; and whenever property shall 
have been omitted in the town valuation. 

Sec. 3. The assessors shall give notice of such 
assessment, by posting up notices thereof for ten days 
next prior to such assessment, in three public places 
in the district ; and after notice is given as aforesaid, 
no person neglecting to appear before the assessors 
shall have any remedy for being overtaxed. 

Sec. 4. If a district tax shall be voted, assessed 
and approved of, and a contract legally entered into 
under it, or such contract be legally entered into with- 
out such vote, assessment or approval, and said dis- 
trict, shall thereafter neglect or refuse to proceed to 
assess and collect a tax sufficient to fulfill such con- 
tract, the commissioner of public schools, after notice 
to and hearing of the parties, may appoint assessors 
to assess a tax for that purpose, and may issue a war- 
■rant to the collector of the district, or to a collector 
by him appointed, authorizing and requiring him to 
proceed and collect such tax. 

Sec. 5. Errors in assessing a tax may be corrected, 
or the tax re-assessed, in such manner as may be 
directed or approved b}^ the commissioner of public 
schools. 

Sec. 6. Whenever any person who has paid a tax 
for building or repairing a school-house in one district 
shall, by alteration of the boundaries thereof, become 
liable to pay a tax in any other district, if such per- 
son cannot aoree with the district, such abatement of 



STATUTES RELATING TO PUBLIC INSTRUCTION. 



31 



the tax may ])e made as the school committee, or in 
case of a district composed from different towns, as 
the commissioner of pnblic schools, may deem just 
and proper. 

Sec. 7. Whenever a joint district shall vote to 
build or repair a school-house by tax, the amount of 
the tax and the plan and specifications of the building 
and repairs shall be approved by the school commit- 
tees of the several towns, or, in case of their disagree- 
ment, by the commissioner of public schools. 

Sec. 8. In case of assessing a tax li}' a joint or 
associate district, if the town assessments be made on 
different principles, or the relative value be not the 
same, the relative value and proportion shall be ascer- 
tained bj' one or more persons, to be appointed by the 
commissioner of pul)lic schools, and the assessment 
shall be made accordingly. 



CHAPTER 55. 

Of the Trustees of /School Districts. 



5ECTI0N 

1. Trustees to have care of 

school-houses and employ 
teachers. 

2. To provide school-rooms and 

visit schools, 
o. To provide, in certain cases, 

books for scholars. 
4. To make tax bills and issue 
warrants. 
To make returns to school 

committee. 
To receive no compensation, 
unless by district tax. 



S. 



6. 



Section 

7. May allow, on certain condi- 

tions, scholars from without 
the town or state to attend the 
schools. 

8. School committee, similarly 

empowered, if town is not 
divided into districts. 

9. Disposition of money received 

for tuition. 
10. Attendance of scholars from 
without the district, where 
reckoned. 



32 SCHOOL MANUAL. 



Section 1. The trustees of school districts shall 
have the custody of the school-house and other district 
property, and shall employ one or more qualified teach- 
ers for every fifty scholars in average daily attendance. 

Sec. 2. The trustees shall provide school-rooms 
and fuel, and shall visit the schools twice at least dur- 
ing each term, and notify the committee or superin- 
tendent of the time of opening and closing the schools. 

Sec. 3. The trustees shall see that the scholars are 
properly supplied with books, and in case they are not 
so supplied, and the parents, guardians or masters 
have been notified thereof bj^ the teacher, shall pro- 
vide the same at the expense of the district share of 
the town school appropriation, subject to the approval 
of the school committee. 

Sec. 4. The trustees shall make out the tax bill 
against the persons liable to pay the same, and deliver 
the same to the collector with a warrant by them signed 
annexed thereto, requiring him to collect and pay over 
the same to the treasurer of the district. 

Sec. 5. The trustees shall make returns to the 
school committee in manner and form prescribed by 
them or by the commissioner, or as may be required 
by law, and perform all other lawful acts required of 
them by the district, or necessary to carry into full 
effect the powers and duties of districts. 

Sec 6. The trustees shall receive no compensation 
for services out of the money received from either the 
state or town appropriations, nor in any way, unless 
raised ]iy tax by the district. 



STATUTES RELATING TO PUBLIC INSTKUCTION. 33 

Sec. 7. The trustees of any school district may 
allow scholars from without the town or the state, to 
attend the pu])lic schools of such district, on such 
terms as the trustees may determine : Provirled, that 
such terms shall l)e approved b}' the school committee. 

Seo. 8. Whenever a town shall not be divided into 
school districts, or whenever public schools shall be 
provided without reference to such division, the school 
committee may exercise the powers provided in the 
preceding section to be exercised by trustees. 

Sec. 9. All moneys received for tuition as herein- 
before pi'ovided shall be paid into the district or town 
treasury, as the case may ])e, and shall ])e used for 
school purposes onlj. 

Sec. 10. /Ts^d-iiUenaaircfe-'^poii xlie public schools 
authorized by the prec^ng three sections shall be 
reckoned iit determining the average attendance, for 
the purpose of regulating the distriliution of school 
money, but such average attejgidiince shall be returned 
to the district where such sehehir's reside, and be there 
reckoned with the average attendance of the schools of 
that district, upon demand of the trustees thereof. 



34 



SCHOOL MANUAL. 



CHAPTER 56. 

Of the Poivers and Duties of School Committees, cmd 
Apportionment and Uses of School Money. 



Section 



how 



held 



1. Chairman and clerk, 

chosen and removed. 

2. Stated meetings, when 

and quorum of. 

3. Committee may alter and dis- 

continue districts. 

4. To locate all school-houses. 

5. Land for school-house sites, if 

taken without owners' con- 
sent, how appraised. 

6. Appeals, how taken. 

7. Committee to examine teachers, 

and when to annul certificates. 

8. To visit schools, when and how 

often. 

9. To make rules and regulations 

for schools. 

10. May suspend pupils. 

11. Committee to manage schools, 

if town is not divided into 
districts. 

12. Apportionment of the town's 

share of sixty-three thousand 
dollars. 

Section 1. The school committee of each town 
shall choose a chamiiau and clerk, either of whom may 
sign any orders or official papers, and may be removed 
at the pleasnre of said committee. 

Sec. 2. The school committee shall meet at least 
four times in every year, and as much oftener as the 
state of tha schools shall require. A majority of the 
number elected shall constitute a quorum, unless the 
committee consist of more than six, when four shall 
be a quorum, but any number may adjourn. 



Section 

13. Of twenty-seven thousand dol- 
lars. 

14. Of registry tax and other funds. 
1.5. Notice of apportionments to be 

given to trustee. 

Orders on town treasurer, in 
what cases and on what con- 
ditions, to be given. 

Orders, to whom payable. 

Conditions upon which orders 
are to be given. Attend- 
ance of pupils in other dis- 
tricts. 

Money forfeited or unexpended, 
how to be divided. 

Annual reports of school com- 
mittee. 

Expense of printing reports, 
how to be paid. 

Change in school-books, how 
made. 



16. 



19. 



20. 



21. 



22. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 35 



►Sec. 3. The school committee may alter and dis- 
contiuue school districts, and shall settle their bounda- 
ries when undefined or disputed ; l»ut no change shall 
be made in the boundaries of any district, except at a 
meeting, notice of which, with the proposed changes, 
has been posted upon the school-houses and sent to the 
trustees of the districts whose boundaries are lialile to 
l)e affected, for at least five days before holding the 
same, and no new district shall be formed with less 
than forty children between the ages of four and six- 
teen, unless with the approbation of the commissioner 
of pulilic schools ; and the clerk of the committee shall 
transmit to the town clerk a certified copy of all votes 
affecting the boundary lines of the districts immedi- 
ately on the passage thereof. 

Sec. 4. The school committee shall locate all 
school-houses, and shall not abandon or change the 
location of any without good cause. 

Sec. 5. In case the school committee shall fix upon 
a location for a school-house in any district, or shall 
determine that the school-house lot ought to be en- 
larged, and the district shall have passed a vote to 
erect a school-house, or to enlarge the school-house 
lot, or in case there is no district organization, and 
the committee shall fix upon a location for a school- 
house and the proprietor of the land shall refuse to 
convey the same, or cannot agree with the district for 
the price thereof, the school committee of their own 
motion, or on application of the district, may appoint 
three disinterested persons, who shall notify the parties 
and decide upon the valuation of the land ; and upon 
the tender or payment of the sum so fixed on, to the 



36 SCHOOL MANUAL. 



proprietor, the title to the land so fixed on by the 
school committee, not exceeding one acre, shall vest 
in the district for the purpose of maintaining thereon 
a school-house and the necessary appendages thereof. 

Sec. 6. An appeal in such case shall be allowed 
to the court of common pleas, in the same manner 
and with the same effect, both as to the necessity of 
taking the particular land condemned, and the valua- 
tion thereof, and the like proceedings thereon shall be 
had, as is provided by law, in case of taking land for 
public highways. 

Sec. 7. The school committee may examine, by 
themselves or by some one or more persons by them 
appointed, every applicant for the situation of teacher 
in the public schools of the town, and may after five 
days' notice in writing annul the certificate of such as 
upon examination by them prove unqualified, or will 
not conform to the regulations of the committee, and 
in such case shall give immediate notice thereof to the 
trustee of the district in which such teacher is em- 
ployed. 

Sec. 8. The school committee shall visit, by one 
or more of their number, every public school in the 
town, at least twice during each term, once within two 
weeks of its opening, and once within two weeks of 
its close, at which visits they shall examine the regis- 
ter, and matters touching the school-house, library, 
studies, books, discipline, modes of teaching and im- 
provement of the school. 

Sec. 9. The school committee shall make and cause 
to be put up in each school-house, rules and regula- 



STATrXES RKLATING TO PUBLIC INSTRUCTION. 37 

tioiis for the attendance and classification of tlie [)upils, 
for the introdnction and use of text-books and works 
of reference, and for the instruction, government and 
disci[)line of the public schools, and shall prescril)e 
the studies to be pursued therein, under the direction 
of the commissioner of pul)lic schools. 

8ec. 10. The school committee may suspend dur- 
ing pleasure all pupils found guilty of incorrigibly 
])ad conduct or of violation of the school regulations. 

Sec. 11. Where a town is not divided into dis- 
tricts, or shall vote in a meeting duly notified for that 
purpose to provide schools without reference to such 
division, the school committee shall manage and regu- 
late said schools, and draw all orders for the i)ayment 
of their expenses. 

Sec. 12. Whenever the public schools are main- 
tained l)y district organization, the committee shall 
apportion, among the districts, the town's proportion 
of the sum of sixty-three thousand dollars received 
from the state, one half equall}", and one-half accord- 
ing to the average daily attendance of the schools of 
the preceding year. 

Sec. 1-'). AVhenever the town is divided into school 
districts having the management of their own concerns, 
the committee shall apportion equally among all the 
districts of the town, the town's proportion of the 
sum of twentj'-seveu thousand dollars received from 
the state. 

Sec. 14. The school committee shall apportion the 
money received from the town, from the registrj' tax, 
from school funds, or from other sources, either 

4 



o8 SCHOOL MANUAL. 



equally or in such proportion as the town may direct, 
and for want of such direction, then in such manner 
as they deem best. 

Sec. 15. The school committee shall make the ap- 
portionment among the several districts as provided in 
the preceding three sections on or before the first 
Monday of July in each year, and immediately there- 
after give notice to the trustees of the amounts so 
apportioned to each district. 

Sec. 1G. The school committee shall draw an order 
on the town treasurer in favor of such districts only, as 
shall have made a return to them in manner and form 
prescribed by them or by the commissioner of public 
schools, or as may be required by law, from which it 
shall appear that for the year ending on the first day 
of May previous, one or more public schools have 
been kept for at least six months, by a qualified 
teacher, in a school-house approved by the committee 
or commissioner, that the money designated teachers' 
money, received the year previous, has been applied 
to the wages of teachers and to no other purpose, and 
that the register, properly kept, has been deposited 
with the committee or with some person b}' them ap- 
pointed to receive the same. 

Sec. 17. Such orders may be made pa3'able to the 
trustees or their order, or to the district treasurei', or 
teacher, and if the treasurer receive the mone}', he 
shall pay it out to the order of the trustees. 

Sec. 18. The school committee shall give no such 
order, until they are satisfied that the services have 
actually been performed for which the money is to he 



STATUTES RELATING TO PUBLIC INSTRUCTION. 39 

paid, and that the average atteudaiice of the school 
has been at least five ; and they shall have power, in 
case the average attendance of any school falls lielow 
five, to suspend said school in their discretion, and to 
make such other provision as they may deem ])est, for 
the attendance of the children properly belonging to 
said school, upon some other public school ; but such 
suspension shall not work the forfeiture of the public 
money to any district, provided for by section 10 of 
this chapter. The school committee may allow schol- 
ars residing in one district to attend school in any 
other district. 

Sec. 19. At the end of the school year, any mone}^ 
appropriated to any district which shall be forfeited, 
and the forfeiture not remitted, or which shall remain 
unexpended, shall be divided by the committee among 
the districts the following year. 

Sec. 20. The school committee shall prepare and 
submit annually to the commissioner of public schools, 
on or liefore the first day of July, a report in manner 
and form by him prescribed, and until such report is 
made to the commissioner, he mayrefuse to draw his 
order for the money in the state treasury belonging to 
such town : Provided^ that the necessary blank for 
said report has been furnished by the commissioner on 
or before the first day of May, next preceding ; they 
shall also prepare and submit annually at the annual 
town meeting, a report to the town, setting forth their 
doings, the state and condition of the schools and 
plans for their improvement, which report, unless 
printed, shall be read in open town meetfiig, and if 
printed, at least three copies shall be transmitted to 



40 SCHOOL MANUAL. 



the commissioner on or before tlie first clay of July in 
each year. 

Sec. 21. The school committee may reserve annu- 
ally, out of the public appropriation, a sum not ex- 
ceeding forty dollars, to defray the expense of printing 
their annual report. 

Sec. 22. A change may be made in the school- 
books in the public schools of any town by a vote of 
two-thirds of the whole school committee ; and in the 
city of Providence by a vote of a majority of all the 
members elected to the school committee, notice of 
the proposed change having been given in writing at a 
previous regular meeting of said committee : Provided^ 
that no change be made in any text-book in the public 
schools of any town oftener than once in three years, 
unless by the consent of the board of education. 



CHAPTER 57. 

Of Teachers. 



Section 

1. Certificate of qualification re- 

quired. 

2. Certificate valid for how long. 

3. Qualifications of teachers. 

4. When teachers may be dis- 

missed. 



Section 

5. Teachers to keep register of 

scholars attending school and 
prepare return of the district. 

6. School oflicers ineligible to 

teach in public schools. 

7. Moral instruction. 



Section 1. No person shall be employed by any 
trustee to teach as principal or assistant in any school, 
supported entirely or in part by the public money, un- 
less he shall have a certificate of qualification, signed 



STATUTES RELATING TO PUBLIC INSTRUCTION. 41 

either by the school committee of the town or by some 
person appointed by said committee, or by tlie trnstees 
of the normal school. 

Sec. 2. Snch certificate, nnless annnlled, if signed 
by the school committee, shall be valid within the town 
for one year, or for such portion thereof as shall be 
specified in said certificate. 

Sec. 3. The school committee shall not sign any 
certificate of qualification unless the person named 
in the same shall produce evidence of good moral char- 
acter, and be found on examination qualified to teach 
the various branches required to be taught in the 
school. 

Sec. 4. The school committee of any town may, 
on reasonable notice and a hearing of such teacher, 
dismiss any teacher for refusal to conform to the reg- 
ulations by them made, or for otlier just cause, and in 
such case shall give immediate notice to the trustees 
of the district. 

Sec. 5. Every teacher in any public school shall 
keep a register of the names of all the scholars attend- 
ing said school, their sex, age, names (jf parents or 
guardians, the time when each scholar enters and 
leaves the school, the daily attendance, together with 
the days of the month on which the school is visited 
by any officer connected with public schools, and shall 
prepare the return of the district to the school com- 
mittee of the town. 

Sec. G. No superintendent of schools, or member 
of the school committee of any town, or trustee of any 
school district shall, so long as he continues in said 

4* 



42 



SCHOOL MANUAL. 



office of superintendent, member of the school com- 
mittee or trustee of school district, be eligible or em- 
ployed to teach as principal or assistant in any school, 
supported entirely or in part by the public money, 
within the town where said superintendent, member 
of the school committee or trustee resides. 

Sec. 7. Every teacher shall aim to implant and 
cultivate in the minds of all children committed to his 
care the principles of morality and virtue. 



CHAPTER 58. 



Of Legal Proceedings relating to Public Schools. 



Section 

1. Appeals from decisions relating 

to public schools, to whom 
made ; duty of commissioner 
to hear and decide. 

2. Statement of facts may be pre- 

sented to justice of supreme 
court. 

3. Appeals, rules of, prescribed 

by commissioner. 

4. Matters in dispute may be sub- 

mitted to commissioner by 
agreement. 

5. Votes ordering district taxes, 

flnal, unless appealed from. 



Section 
6. Costs, in what cases not to be 
taxed against school officers. 

Suit against district may be an- 
swered by inhabitant of dis- 
trict. 

Judgments against school dis- 
tricts, how satisfied. 

Same subject. 

Process against school district, 
how to be served. 

Record of clerk of district 
prima facie evidence. 

Commissioner may remit cer- 
tain fines, penalties and for- 
feitures. 



7. 



9. 
10. 



11. 



12. 



Section 1. Any person aggrieved by any decision 
or doings of any school committee, district meeting, 
ti'ustees or in any other matter arising under this title, 
may appeal t'o the commissioner of public schools, 
who, after notice to the party interested of the time 
and place of hearing, shall examine and decide the 



STATUTES RELATING TO PUBLIC INSTRUCTION. 4o 

same without cost to the parties : Pi-ocidedi that 
nothing contained in this section shall be so construed 
as to deprive such aggrieved party of any legal remedy. 

Sec 2. The commissioner of public schools may, 
and if requested on hearing such appeal by either 
party shall, lay a statement of the facts of the case 
before one of the justices of the supreme court, whose 
decision shall be final. 

Sec. 3. The commissioner of public schools may 
from time to time prescribe rules regulating the time 
and manner of taking such appeals, and rules to pre- 
vent appeals for trifling and frivolous causes. 

Sec. 4. Parties having any matter of dispute be- 
tween them arising under this title ma}' agree in writ- 
ing to submit the same to the adjudication of said 
commissioner, and his decision therein shall be final. 

Sec. 5. If no appeal be taken from a vote of a 
district relating to the ordering of a tax, or from the 
proceedings of the officers of the district in assessing 
the same, or if on appeal, such proceedings are con- 
firmed, the same shall not again be questioned before 
any court of law or magistrate whatsoever : Provided, 
that this section shall not be so construed as to dis- 
pense with legal notice of the meeting, or with the 
approval of the votes or proceedings by the school 
committee or commissioner of public schools, when- 
ever the same is required by law. 

Sec 6. In any civil suit before any court, against 
any school officer, for any matter which might by this 
chapter have been heard and decided by the commis- 
sioner of public schools, no costs shall be taxed for 



44 SCHOOL MANUAL. 



the plaintiff, if the court are of opinion that such 
officer acted in good faith. 

Sec. 7. Any inhabitant of a district, or person 
liable to pay taxes therein, may be allowed by any 
court to answer a suit brought therein against the dis- 
trict, on giving security for costs, in such manner as 
the court may direct. 

Sec. 8. Whenever judgment shall be recovered in 
any court of record against any school district, the 
court rendering judgment shall order a warrant to be 
issued, if no appeal be taken, to the assessors of taxes 
of the town in which such district is situated, or in 
case of a joint district, composed of parts of towns, 
then to one or more of the assessors of each town, 
with or without designating them, requiring them to 
assess upon the ratable property in said district a tax 
sufficient to pay the debts or damages, costs, interest 
and a sum in the discretion of the court sufficient to 
defray the expenses of assessment and collection. 
Said assessors shall, without a new engagement, pro- 
ceed to assess the same, giving notice as in case of 
other district taxes. 

Sec. 9. Said warrant shall also contain a direction 
to the collector of the town, or in case of a joint dis- 
trict, then to the collector of either town, as the court 
may direct, requiring him to collect said tax ; and said 
warrant, with the assessment annexed thereto, shall 
be a sufficient authority for the collector, without a 
special engagement, to proceed and collect the same 
with the same power as in case of a town tax ; and 
when collected, he shall pay over the same to the par- 
ties to whom it may belong, and the surplus, if any, 



STATUTES RKLATING TO PUBLIC INSTRUCTION. 45 

to the district. Ami the court may require a bond of 
the collector. 

Sec. 10. Whenever any writ, summons or other 
process shall issue against any school district in any 
civil suit, the same may be served on the treasurer or 
clerk, and if there are no such officers to be found, 
the officer charged with the same may post up a certi- 
fied copy thereof on the door of the school-house, and 
if there be no school-house, tlien in some pu])lic place 
in the district, and the same, when proved to the sat- 
isfaction of the court, shall constitute a sufficient ser- 
vice thereof. 

Sec. 11. The record of the district clerk that a 
meeting has been duly or legally notified shall l)e prima 
facie evidence that it has been notified as the law re- 
quires. The clerk shall obtain at the expense of the 
district a suitably liound book for keeping the record 
therein. 

Sec. 12. The commissioner of public schools may, 
by and with the advice and consent of the board of 
education, remit all fines, penalties and forfeitures in- 
curred by any town, district or person, under any of 
the provisions of this title, except the forfeiture in- 
curred hy any town for not raising its proportion of 
money. 



46 



SCHOOL MANUAL. 



CHAPTER 59. 

Of the Normal /School, Teachers' Institutes and Lectures. 



Section 
1. !N"ormal school, management of. 
Qualifications of applicants for 

tuition. 
Diploma, who to receive. 
Trustees to examine applicants 

to teach. 
When may pay travelling ex- 
penses of pupils. 



2. 



5. 



Section 

6. 'J^eachers and lecturers for 

teachers' institutes and edu- 
cational publications, etc., ap- 
propriation for. 

7. Commissioner of public schools 

to account to state auditor for 
expenditures. 



Sec. 1. The uormal school shall be under the man- 
agement of the board of education and the commis- 
sioner of public schools as a board of trustees. 

Sec. 2. All applicants from the several towns in 
the state shall be admitted to free tuition in said 
school, after having passed such an examination as 
may be prescribed by the board of trustees, and after 
having given to such board satisfactory evidence of 
their intention to teach in the public schools of this 
state for at least one year after leaving the said 
school. 

Sec 3. Persons who shall have passed the regular 
course of studies at the normal school shall, on the 
written recommendation of the principal, receive a 
diploma signed by the trustees of the school. 

Sec. 4. The said trustees may, by themselves or by 
a committee of their board, examine all applicants to 
teach in the public schools, and shall give certificates 
to such as are found qualified to teach school. 



Sec. 5. The trustees of the normal school may pay 



STATUTES RELATING TO PUBLIC INSTRUCTION. 47 

to each pupil who shall reside within the state, and 
not within five miles of said school, who shall have 
been dulj^ admitted thereto, and who shall have at- 
tended the regular sessions of said school and com- 
plied with the regulations thereof, during the term 
next preceding such payments, not exceeding ten dol- 
lars for each quarter year, for travelling expenses, but 
such payments in the aggregate for such travelling ex- 
penses shall not exceed the sum of fifteen hundred 
dollars in an}' one year, and shall be made to the 
respective pupils entitled to the same, in proportion 
to the distance they may reside from said school. 

Sec. 6. A sum not exceeding five hundred dollars 
shall l)e aunuall}' paid for defraying the necessary' ex- 
penses and charges for teachers and lecturers for teach- 
ers' institutes, to l)e holden under the direction of the 
commissioner of public schools ; and a sum not exceed- 
ing three hundred dollars shall lie annually paid 
under the direction of the board of education for \nih- 
lishing and distributing among the several towns edu- 
cational pulilications, providing lectures on educational 
topics and otherwise promoting the interests of edu- 
cation in the state. 

Sec. 7. The commissioner of public schools shall 
render an annual account to the state auditor of his 
expenditures under the provisions of this chapter 
with his vouchers therefor. 



48 SCHOOL MANUAL, 



CHAPTER 60. 

Of Truant Children and Absentees from /School. 

Section I Section 

1. Town councils maj- make or- 4. Approval by commissioner. 

dinances respecting truants; 5. Payment of board, etc., of in- 
penalty for violation thereof. , mates. 



2. Truants, etc., may be impris- 

oned, etc., ivlien. 

3. Industrial school. Providence, 

may be designated by whom. 



Appointment of complainants. 
Jurisdiction over truant chil- 
dren. 



Sec. 1. Towu councils shall make needful pro- 
visions and arrangements concerning habitual truants, 
and children not attending school or without any reg- 
ular and lawful occupation, or growing up in ignorance, 
between the ages of six and sixteen years, and also 
all such ordinances respecting such children as shall 
be deemed most conducive to their welfare and to 
the good order of such town, and may provide penal- 
ties for the breach of any such ordinance, not exceed- 
ing tweut}^ dollars for any one offence. 

8ec. 2. Any such minor, convicted under au}^ such 
ordinance of being an habitual truant, or of not at- 
tending school, or of being without any lawful occupa- 
tion, or of growing up in ignorance, may, at the 
discretion of the court having jurisdiction of the case, 
instead of being fined as aforesaid, be committed to 
any institution of instruction or suitable situation pro- 
vided for that purpose. 

Sec. 3. An}" town council or board of aldermen 
may designate the industrial school in the city of Prov- 
idence as the institution of iustruction or suitable sit- 
uation provided for in the preceding section. 



STATUTES RELATING TO PUBLIC INSTRUCTION. 49 

Sec. 4. Before any ordinances made under the 
authority of the preceding three sections shall take 
effect, they shall be approved by the commissioner of 
public schools. 

Sec. 5. The general treasurer shall pay to the 
managers of the industrial school of the city of Prov- 
idence a sum not exceeding two dollars per week for 
the board, clothing and instruction of children com- 
mitted to said school from any town, in accordance 
with the provisions of this chapter. 

Sec. 6. The several towns, availing themselves of 
the provisions of this chapter shall appoint, at their 
annual town meetings, or annually, by their town 
councils, three or more persons, who alone shall be au- 
thorized to make the complaints in case of violation of 
said ordinances, and said persons thus appointed shall 
alone have authority to cany into execution the judg- 
ment of said court. 

Sec 7. The municipal court of the city of Provi- 
dence and the justice courts of the city of Newport 
and of the several towns shall have jurisdiction of all 
cases arising under this chapter. 



50 



SCHOOL MANUAL. 



CHAPTER 61. 



General Provisions relating to Public Schools. 



Section 

1. No person excluded from 

school, unless by general rule. 

2. School officers to be engaged. 

3. Record of district clerk, prima 

facie evidence of engagement. 

4. Tenure of office of school offi- 

cers. 

5. Penalty for neglect of ditties. 

6. School committee, board of ed- 

ucation and commissioner, 
may visit schools incorpora- 
ted or aided by the state. 

7. Penalty for refusing to permit 

such visitation. 

8. Keeping swine, etc., near school 

house, prohibited. 

9. Construction of the word 

town. 



Section 

10. Public schools in city of Provi- 

dence, how governed. 

11. Taking of fees, etc., for pro- 

moting sale or exchange of 
school books, etc., or any pe- 
cuniary interest therein, pro- 
hibited to school officers. 

12. Offermg of fees, etc., to public 

school officers for such pur- 
pose, prohibited. 

13. Children of deceased soldiers 

and sailors, when admitted 
free to public schools. 

14. Pupils not allowed to attend 

public schools without certif- 
icate of vaccination. 

15. Penalty for violation of provi- 

sions of this chapter. 



Section 1. No person shall be excluded from 
any public school in the district to which such person 
belongs, if the town is divided into districts, or, if not 
so divided, from the nearest public school, on account 
of race or color, or for being over fifteen years of age, 
nor except by force of some general regulation appli- 
cable to all persons under the same circumstances. 

Sec. 2.^ Every school district officer elected or ap- 
pointed under the provisions of this title, except the 
moderator of a district meeting, shall take an engage- 
ment before some person authorized to administer 
oaths, to support the constitution of the United States, 
the constitution and laws of this state, and faithfully 



STATUTES RELATING TO PUBLIC INSTRUCTION. 51 

to discharge the duties of his office so long as he shall 
continue therein. 

Sec. 3. The record of the district clerk that any 
school district officer has lieen duly engaged, shall be 
prima facie evidence thereof ; and no school district 
officer shall enter upon the duties of his office, with- 
out taking an engagement. 

Sec. 4. Every school district officer elected or ap- 
pointed under the provisions of this title shall, without 
a new engagement, hold his office until the time of the 
next annual election or appointment for such office, 
and until his successor is elected or appointed and 
qualified. 

Sec. 5. Every officer who shall make any false cer- 
tificate, or appropriate any public school money to 
any purpose not authorized by law, or who shall refuse 
for a reasonable charge to give certified copies of any 
official paper, or to account for or deliver to his suc- 
cessor any accounts, papers or money in his hands, or 
shall wilfully or knowingly refuse to perform any duty 
of his office, or violate an}- provisions of any law regu- 
lating public schools, except where a particular penalty 
may be prescribed, shall be fined not exceeding five 
hundred dollars, or be imprisoned not exceeding six 
months, and shall be liable to an action of the case 
for damages, to be brought bj^ any person injured 
thereby. 

Sec. 6. Any school receiving aid from the state, 
either by direct grant or by exemption from taxation^^ 
may be visited and examined by the school committee 
of the town, in which such school is situated, and by 



52 SCHOOL MANUAL. 



the members of the board of education and the com- 
missioner of public schools, whenever they shall deem 
it advisable. 

Sec. 7. Whenever such school shall refuse to per- 
mit such visitation, when requested, its exemption from 
taxation shall thereafter cease and be determined. 

Sec. 8. No person shall keep any swine, in any pen 
or other enclosure, or shall keep, or suffer to be kept, 
any other nuisance, within one hundred feet of any 
school-house, or within one hundred feet of any fence 
enclosing the yard of an}^ such school-house. 

Sec. 9. In the construction of this title, except in 
the construction of chapter sixt}" and sections six and 
seven of this chapter and section twenty-two, chapter 
fifty-six, the word town shall include the city of Prov- 
idence only so far as to entitle said city to a distribu- 
tive share in the public money, upon making a report 
to the commissioner in the same manner as the school 
committees of other towns are required to do. 

Sec. 10. The public schools in said citj" shall con- 
tinue, as heretofore, to be governed according to such 
ordinances and regulations as the proper city authori- 
ties may from time to time adopt. 

Sec. 11. No superintendent or school committee 
of any town, or any person officially connected with 
the government or direction of the public schools, 
shall receive any private fee, gratuity, donation or 
compensation, in any manner whatsoever, for promo- 
ting the sale or the exchange of any school-book, map 
or chart in any pnblic school, or be an agent for the 
sale or the publisher of any school text-book, or be 



STATUTES RELATING TO PUBLIC INSTRUCTION. 53 

directly or indirectly pecuniarily interested in the in- 
troduction of any school text-book, and any such 
agency or interest shall disqualify an)' person so act- 
ing or interested from holding any school office what- 
soever. 

Sec. 12. No person shall offer to any public school 
officer any fee, commission or compensation whatso- 
ever, as an inducement to effect through such officer 
any sale or promotion of sale, or exchange of anj' 
school-book. ma\), chart or school apparatus. 

Sec. 13. All the public schools in the state, includ- 
ing the state normal school, shall be open to the chil- 
dren of officers and soldiers belonging to the state, 
mustered into the service of the United States, and of 
those persons belonging to the state, and serving in 
the navy of the United States, and who died in said 
service during the late rebellion against the authority 
of the United States, or who were discharged from 
said service in consequence of wounds or disease con- 
tracted in said service, or who were killed in ))attle, 
without any cost or expense for taxes, or other charges 
imposed for purposes of public education. 

Sec. 14. No person shall be permitted to attend 
any public school in this state as a pupil, unless such 
person shall furnish to the teacher of such school a 
certificate of some practicing physician that such per- 
son has been properly vaccinated as a protection from 
small pox, and every teacher in the public schools 
shall keep a record of the names of such pupils in 
their respective schools as have presented such certifi- 
cate. 

5* 



54 SCHOOL MANUAL. 



Sec. 15. Every person violating any provision of 
tliis chapter shall be fined not exceeding fifty dollars 
or be imprisoned not exceeding thirty days, unless 
herein otherwise provided. 



CHAPTER G2. 

Of /State /Scholarships in Brotmi University. 

Section | Section 

1. Of the nomination of candi- 2. Candidates to be selected, how 
dates for state scholarships and by whom, 

in Brown University. ^ 

Section 1. Tlie senators and representatives of 
the several towns shall, from time to time at least 
once in each year, in grand committee, propose the 
names of j^ouug men of the several towns, of proper 
age and character, and who shall not have the means 
of obtaining an education for themselves, as candi- 
dates for state scholarships in Brown University, on 
the foundation provided by the act of congress, ap- 
proved July second, one thousand eight hundred sixty- 
two, donating land for the benefit of agricultural and 
the mechanic arts, in accordance with a resolution 
passed at the January session, one thousand eight 
hundred sixty-three, assigning to Brown University 
the land scrip granted by the United States to the 
state of Rhode Island for the establishment of an ag- 
ricultural college. 

Sec. 2". The secretary of state shall receive the 
names of all persons propounded in grand committee 
as candidates for state scholarships pursuant to the 



STATUTES RELATING TO PUBLIC INSTRUCTION. Oi) 

preceding section, and sliall record the same in a l)Ook 
to be kept in his office for that purpose ; and the gov- 
ernor and secretary of state, acting with the president 
of the university, shall, on or l)efore commencement 
day in each year, and as often in eacli year besides as 
occasion may require, select from the persons so pro- 
pounded in grand committee, persons to fill the vacan- 
cies then existing in said scholarships ; and they shall 
make such selection in such manner that the people of 
the several counties shall, from time to time, partici- 
pate in the benefits of said national donation as nearl}' 
as may be practicable, in proportion to their respective 
l)opulation, according to the then last census of the 
United States. 



CHAPTER G3. 

Of the jState Ceit.sn.s. 



Section 

1. .State census, when to be taken. 

2. M'hat information to be in- 

cluded. 

3. of the census board. 

4. Duties of superintendent. 



Section 

5. Agents to be employed. 

6. Special agents. 

7. Penalties for neglect of duty. 

8. Compensation. 



Section 1. A census of the population, manufac- 
tures, agriculture, fisheries and business of the several 
towns shall be taken as they exist on the first day of 
June, one thousand eight hundred eighty-five and 
every tenth year thereafter. 

Sec. 2. The information o]>tained by each census 
shall include all that was o])tained I)}' the state census 
in the year one thousand eight hundred seventy-five, 



56 SCHOOL MANUAL. 



together with such additional information as may be 
deemed necessary by the census board hereinafter 
named. 

Sec. 3. At least six months previous to the date 
for taking the census in each census year, the governor 
shall appoint a superintendent of the census, who, to- 
gether with the governor and the secretary of state, 
shall constitute the census board, which shall have the 
charge of taking the census. 

Sec. 4. The superintendent of the census, acting 
under the advice of the census board, shall prepare 
and print all the necessary blanks for taking the cen- 
sus, with full and minute instructions to the agents to 
be employed, and shall distribute the same at least 
one month before the first day of June in the census 
years. The superintendent of the census shall also 
superintend the taking of the census, and receive the 
returns when completed. He shall also make up the 
tables from the returns, and prepare and present to 
the general assembly a report on the census, showing 
the information obtained and its application to the 
promotion of the interests of the state. 

Sec. 5. The census board shall appoint the agents 
to be employed in taking the census in the several 
towns, the preference being given to those nominated 
and recommended by the town councils of each town, 
unless on examination they shall be found to be in- 
competent or unsuitable persons ; and the agents em- 
ployed shall complete their labors and make their 
returns to the superintendent of the census, on or be- 
fore the fifteenth day of July in the census year. 

Sec. 6. The census board may employ special 



STATUTES RELATING TO PUBLIC INSTRUCTION. 57 

agents to obtain information required by the census 
whenever in their opinion the information can be ob- 
tained in this way more correctly and with greater 
economy to the state. 

Sko. 7. If the superintendent, or any other person 
employed under the provisions of this chapter, shall 
wilfully neglect to perform the duties required by it, he 
shall be fined not exceeding one hundred dollars ; and 
in case of such neglect or incompetency the census 
board may remove any such person and appoint 
another in his place ; and if an}' person shall refuse 
to give the information required to be obtained by the 
provisions of this chapter, he shall be fined not ex- 
ceeding two hundred and fifty dollars. 

Sec. 8. The census board may fix the amount of 
compensation to be paid to the superintendent of the 
census not exceeding one thousand dollars, and the 
compensation of agents and other persons employed 
under the provisions of this chapter, and the general 
treasurer shall pay the several amounts so fixed, upon 
the order of the governor. 



58 



SCHOOL MANUAL. 



TITLE XIII. 

OF CERTAIN STATE CHARITIES. 



CHAFrER 78. 

Appropriations for the Education of Indigent Blind, 
Deaf and Dumb, Idiotic and Imbecile Persons. 



Section 
1. Amount annually appropriated 
for education of indigent 
blind, deaf and dumb, idi- 
otic and imbecile persons, 
and where to be expended. 



Section 

2 and 3. Governor how to select 
state beneficiaries, and to 
draw and applj- appropria- 
tion. 

4. Governor may draw money for 
clothing for beneficiaries. 



Section 1. The sum of six thousand dollars an- 
nually is appropriated out of the general treasury, for 
the education of the indigent blind of this state, at the 
Perkins Institution for the blind at South Boston, 
Massachusetts ; for the education of indigent deaf 
mutes of this state at the American Asylum at Hart- 
ford, Connecticut, or at the State School for the 
deaf at Providence ; and for the education of such 
indigent idiotic and imbecile persons of this state, at 
institutions now established, or that may be estab- 
lished within or without the state, for the education 
and improvement of such idiotic and imbecile persons. ■?. 

Sec. 2. The governor may select such indigent 
persons, being inhabitants of the state, as he shall 
deem proper as state beneficiaries, and may determine 



STATUTES RELATING TO PUBLIC INSTRUCTION. 59 

the amoimt of said appropriations to be applied to the 
education of each ; so that no one person Shall receive 
any portion thereof for more than five years, nor shall 
any state beneficiary at said American Asylum or at 
said State School for the deaf, receive more than one 
hundred and seventy-five dollars ; at the Perkins Insti- 
tution for the blind more than three hundred dollars ; 
and at any other institution more than one hundred 
dollars, in any one year. 

Sec. 3. The governor may draw upon the general 
treasurer, from time to time, for the purposes afore- 
said, his drafts therefor not to exceed in the whole 
in any one year the amount appropriated in section 
one of this chapter. 

Sec. -i. The governor may draw upon the general 
treasurer for whatever sum of money he may deem 
sutticient, not exceeding the sum of twenty dollars 
yearly in any one case, for the purpose of furnishing 
necessary clothing to any one of said beneficiaries. 



60 



SCHOOL MANUAL. 



TITLE XX. 

OP THE DOMESTIC RELATIONS. 



CHAPTER 169. 
Of Masters, Apprentices and Laborers. 



Sectiok. 
21. No 



factory laborers under 
twelve years of age. 

Under fifteen years of age, to 
go to scliool, when. 

Hours of employment in fac- 
tory, of minor between 



Section 

twelve and tifteen years of 
age. 

24. Penalty upon owner or agent 

of factorj' for breach of pre- 
ceding sections. 

25. Limitation of complaint for 

such breach. 



Section 21. No minor uuder the age of twelve 
years, shall be emploj^ed in or about auj^ manufactur- 
ing establishment, in any manufacturing process, or 
in any labor incident to a manufacturing process. 

Sec. 22. No minor under the age of fifteen years 
shall be employed in any manufacturing establishment 
in this state unless such minor shall have attended 
school for a term of at least three months in the 
year next preceding the time when such minor shall 
be so employed ; and no such minor shall be so em- 
ployed for more than nine mouths in any one cal- 
endar year. 

Sec. 23. No minor who has attained the age of 
twelve years, and is under the age of fifteen years, 
shall be employed in any manufacturing establishment 



STATUTES RELATING TO PUBLIC INSTRUCTION. Gl 

more than eleven hours in sui}' one da\', uor l)efore 
five o'clock in the morning, nor after half i)ast seven 
o'clock in the evening. 

8ko. 24. Every owner, employer, or agent of a 
manufacturing establishment, who shall knowingly 
and wilfully employ any minor, and every i)arent or 
guardian who shall permit or consent to the employ- 
ment of his or her minor child or ward, contrary to 
the provisions of the preceding three sections, shall 
forfeit twenty dollars for each offence, to l^e recovered 
before the justice court in the town in which such child 
shall reside, or in whieli the manufacturing establish- 
ment in which such child shall have been employed 
shall be situated, one-half thereof to the use of the 
complainant, and one-half thereof to the use of the 
district school of the district in which such manufac- 
turing establishment shall be situated, or, if in the 
city of Providence, to the use of the public schools of 
said city. 

Sec. 25. Every such complaint shall be commenced 
within thirty days after the offence complained of shall 
have ])een committed, with right of appeal as in other 
criminal cases. 



G2 SCHOOL MANUAL. 



TITLE XXX. 

OV CRIMES AND PUNISHMENTS. 

CHAPTER 241. 
Of Oiffences against the Public Peace and Projyerty. 

Section 7. Disturbance of town, ward, religious, school, moral, literary 
and scientitic meetings, how to be punished. 

Section 7. Every person who shall wilfull}' inter- 
rupt or disturb auy town or ward meeting, any as- 
sembly or people met for religious worship, any public 
or private school, any meeting lawfully and peaceably 
held for purposes of moral, literary or scientific im- 
provement, or any other lawful meeting, exhibition or 
entertainment, either within or without the place where 
such meeting or school is held, shall be imprisoned not 
exceeding one year or he fined not exceeding five hun- 
dred dollars. 



CHAPTER 242. 

Of Offences against Pnvate Property. 

Section i Section 

45. Malicious mischief to books, 46. Of neglect to return books, 
etc., of public libraries, how i etc., to public libraries, after 

to be punished. I due notice. 

Section 45. Every person who, wilfully and ma- 
liciously or wantonW and without cause, writes upon, 
injures, defaces, tears or destroys anjvbook, pamphlet. 



STATUTES KELATINO TO PUBLIC INSTRUCTION. 63 

plate, picture, engraving or statue, or any otlier i)rop- 
erty belonging to any law, town, city, or other free 
public library, or suffers any such injury to be inflicted 
while said property is in his custody, shall be fined not 
less than one dollar nor more than ten dollars, the 
same to l)e for the use of the library. 

Sec. 4(5. Every i)erson who shall take or borrow 
from any law, town, city or other free or public library 
any book, pamphlet, paper or other i)roperty of said 
library and who, upon neglect to return the same with- 
in the time required and specified in the by-laws, rules 
or regulations of the library owning the property, has 
been notified by the librarian or other proper custodian 
of the property that the same is overdue, shall upon 
further neglect to return the same within two weeks 
from the date of such notice, be considered to have 
unlawfully converted the property of the library to his 
own use. A written or printed notice, given person- 
ally or sent by mail to the last known or registered 
place of residence, shall be considered a sufficient no- 
tice. 






Public Laws. 



Passed since the Public Statutes, February i, 1882. 



CHAPTER 291. 

An act to establish a State School for the Deaf. 



Section 

1. State school for deaf eetab- 

lished. 

2. To be open to whom, and on 

what conditions. 



Section 

3. Travelling expenses of indigent 

pupils, allowance for. 

4. Annual appropriation, and how 

drawn. 



Section 1. The state board of education are here- 
by authorized aud directed to establish and maintain a 
day school for the education of the deaf and semi- 
deaf children of this state. 

Sec. 2. This school shall be open for the educa- 
tion of any deaf or semi-deaf resident of this state 
without cost ; while residents from other states may 
be admitted upon the payment of such tuition rates 
as may be fixed by the board of education. 

Sec. 3. In order to equalize the benefits of this 
school, the board of education may pay the travelling 



LAWS RELATING TO PUBLIC INSTRUCTION. G5 

expeuses of such indigent pupils, residing in this state, 
as they may deem advisable, provided that the whole 
amount thus expended shall not exceed five hundred 
dollars annually. 

Sec. 4. The state board of education are hereliy 
authorized to draw their orders on the general treas- 
urer for the support and maintenance of said school 
for the deaf, to an amount not to exceed three thou- 
sand dollars in any one 3'ear. 



CHAPTER 310. 



All act making an appropriation for the R. I. School 
of Design. 



Section 

1. Appropriation for R. I. School 

of Design. 

2. How paid ; powers of board of 

education. 



Section 

3. Annual report. 

4. Ex-offlcio directors. 



Section 1, The sum of five hundred dollars is 
hereby annually appropriated to the Rhode Island 
School of Design. 

Sec. 2. The above sum shall be paid by the gen- 
eral treasurer upon the orders of the state board of 
education, who are hereby empowered and authorized 
to visit and examine said school at their pleasure. 

Sec. 3. The directors of the above named School 
of Design shall make an annual report to the state 
board of education in manner and form prescribed by 
said board of education. 

6* 



66 



SCHOOL MANUAL. 



Sec. 4. The state board of education are hereby 
authorized and empowered to elect two of their num- 
ber, who, by virtue of said election, shall be members 
of the board of directors of said School of Design. 

Sec. 5. All acts and parts of acts inconsistent 
herewith are hereby repealed. 




Decisions, 



lu the following pages will be found, so far as it 
has been possible to collect them, a digest of decis- 
ions which have been rendered since the establishment 
of the present school system, both by the commission- 
ers of public schools and by the Supreme Court, which 
interpret the school law and unfold the principles of 
its application. 

A great many of them were made by the late Hon. E. 
R. Potter, formerly Commissioner and more recently 
Associate Justice of the Supreme Court, to whose 
deep interest in the subject of public education it is 
in great part owing that the present law was enacted, 
and whose very intimate knowledge of the design and 
bearing of the law eminently qualified him to give 
authoritative opinions concerning it. 

In those cases which were published in full in the 
two preceding manuals, it has been deemed best in 
this edition to print only the conclusions and the rea- 
sons therefor, so far as they were given ; but in cases 
decided since 1873, the plan of giving a fuller state- 
ment of the case has been followed. 



68 SCHOOL MANUAL. 



These decisions will be found arranged topically 
according to the subjects of the several chapters of 
the School Law, together with cross references in 
cases where the decisions cover two or more distinct 
subjects. 

It is sincerely hoped this exposition of the law will 
be found adapted to the needs of the various school 
officers of the State and that it will tend to a vigorous 
enforcement of its varied provisions, and thus to a 
more healthy and efficient system of public schools. 




DECISIONS RELATING TO PUBLIC INSTRUCTION. 69 



POWERS OF Districts and School Officers. 



DECISION No. 1. 

The district has power, with approval of connnittee, 
to open a second school, provided that there ])e money 
enough in the treasury to the credit of the district to 
pay for both schools. 

E. R. Potter, C. P. S. 

1851. 



DECISION No. 2. 
iScJiool District No. 10, North Kingstown. 

School-house may not be used for any purpose other than those directly 
connected with public education. 

The case involves the right of the district or trus- 
tees to use the school-house for other purposes than 
an ordinary school, arid depends partly upon the pro- 
visions of the general school laws, and partly upon 
the conditions of the deed of the lot upon which this 
particular school-house stands. 

The following remark upon this subject is made in 
the notes to the school act : " A school-house, built or 
bought by taxation on the property of the district, 
should not be used for any other purpose than keeping 
a school, or for purposes directly connected with edu- 
cation, except by the general consent of the tax-paying 
voters." 



70 SCHOOL MANUAL. 



The rule here laid down is believed to be substau- 
stautially correct and sound. The district holds the 
property in trust for educational purposes. The money 
has been taken from the tax-payers by force of law 
for certain purposes, and for those only, and cannot 
be applied by either district or trustee to any other use. 

I am of opinion that under the school law the house 
may be used for educational purposes collateral to the 
main purpose, such as meetings of the district for 
school business, lectures upon literary or scientific 
subjects, debating societies for the people or children 
of the district, etc. It may not be easy in all cases 
to draw the line between legal and illegal cases, but 
it would be perfectly clear that the district could not 
use the house for trade or religious meetings if any per- 
son objected to it. 

The question then arises, whether the deed in the 
present case varies the rights of parties from what 
they would be if the deed contained no conditions. 

By the deed from Joseph Case and others, dated 
October 11, 1848, the school-house lot is conveyed to 
the district ' ' for the purpose of maintaining thereon 
a district school-house and appurtenances, for the 
benefit of the district school of said district, and for 
no other use or purpose whatever, except religious 
meetings," and it is provided " that when said lot of 
land shall cease to be occupied for the purposes of a 
district school aforesaid, the same shall revert to the 
grantors, their heirs and assigns forever." 

The exception in regard to religious meetings may 
be left out of consideration in the present case. It 
cannot affect it in any way. If the district have no 
right to religious meetings there, independent of the 



UKCISIONS RELATING TO PUBLIC INSTRUCTION. 71 

deed, the deAl cannot give it to tliem. And if the 
district vvouUl have such a riglit otherwise, it may ad- 
mit of question whether a provision in a deed would 
deprive them of it. 

Leaving out of consideration the words, ''except 
religious meetings," the remainder of the first passage 
quoted from the deed appears to me, on the maturest 
reflection, to express no more and no less than the 
school law according to the construction herein given 
to it, would have expressed without the deed ; the pro- 
vision in the deed is exactly in the spirit of the law, 
and neither adds to nor lessens the rights and powers 
of the district or trustees. 

If the first passage quoted from the deed does not 
vary the rights of the district from wdiat they would 
l)e, if there was no such provision in the deed, the lat- 
ter proviso ai)pears for the same reason to contain no 
limitation as to the use of the house, which would 
l>revent its being used for the purposes for which I 
have said the law, apart from the deed, would 
authorize. 

E. R. Potter, C. P. 8. 

I have carefully considered of the above opinion 

and approve of the same. I have also consulted with 

fludges Haile and Brayton, who concur with me in 

opinion. 

R. W. Greene, C. J. S. C. 
1853. 



72 SCHOOL MANUAL. 



DECISION No. 3. 
School District No. 12, Burrillville. 

A vote of a school district to tax cannot be rescinded after a lawful con- 
tract has been made under it. 

The fact of the tax being assessed, or of its having 
been approved by the committee, would not take from 
the district the right to rescind it. The whole turns 
upon the question whether a contract was legally en- 
tered into under the vote of the district, and I am of 
opinion that it was. The district, therefore, could not 
rescind it after the contract was made, without being 
liable to a suit for damages or to a process like that 
now applied for. 

It becomes, therefore, unnecessary to decide whether 
the notice for the second meeting was sufficient to jus- 
tify the district in rescinding the tax. 

As a general rule, it is not advisable for district 
officers to proceed in expending money or making a 
contract unless they are satisfied that a majority of 
the tax-payers, absent as well as present, are fairly 
in favor of it. A mere accidental majority occasioned 
by absence of opponents is unsafe. And if a case 
should arise where district officers should undertake to 
avail themselves of such an accidental majoritj', and 
there should be any appearance of a design to antici- 
pate or prevent a repeal of the tax by entering into a 
contract before there could be time for having another 
meeting, the commissioner of public schools would not 
lend the aid of his office to the enforcement of it, but 
would leave the parties to their action at law. 

In the present case, however, there is no evidence 
but that the trustee acted fairl}" and honestly. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 73 



The i)roi)er i)roeess must thoreforo ]>e issued for as- 
sessing- and eollecting the tax according to the liefore- 
nientit)ned provisions of tlie hiw. 

E. R. Potter. C. P. S. 

1853. 

I approve of the above decision. 

R. W. Greene. C. J. S. C. 



DECISION No. 4. 
Svltool District No. 7, BnrriUcilJe. 

1. A district may rescind a vote or- i 3. Costs of suits in court against 

during a tax, and postpone tlie a district must l)e paid by the 

payment of it. district. 

2. A district may borrow money 

and give a note. I 

The (piestiou is presented whether a district having 
voted a tax according to a particular town vahiation, 
can rescind the vote, postpone the payment, and hire 
the inone}' upon a note of the district. 

I cannot see an}' objection to the right of a district 
to rescind a vote ordering a tax and postpone the pa}'- 
ment of it. The object and effect may sometimes be 
to inchide property and persons afterwards coming 
into the district. "Whoever comes into a school dis- 
trict becomes a sharer in all the advantages of the 
school and district property. If, by their coming, an 
addition to the school-house is made necessary, such 
new comers or new property do not pay the whole ex- 
pense of such addition : the former inhabitants and 
propert}' have also to pay a portion, and, sharing in all 
the advantages of former taxation, it does not seem 
unreasonable that the new property should also share 
in the burdens. In the i)resent case the school-house 



74 SCHOOL MANUAL. 



was probably built larger than would have been neces- 
sary if it had not been expected that there would be 
an addition to the population of the district. 

Any creditor of the district who may be injured by 
such postponement has a remedy provided by law. 

As to giving notes, a district has the undoubted 
right to make contracts for certain purposes, upon 
which contracts they may be sued and the debt and 
interest recovered of them. A note given to such a 
contractor would be only additional evidence of his 
claim. And there seems to be no legal objection to 
the district hiring money of a third person to pay a 
just debt contracted for purposes authorized by law. 
This has been the construction always put upon the 
law in practice, and it appears to me sound. 

An objection is also made to costs and attorney's 
fees. The costs of court in a suit decided against the 
district must of course be paid by the district. And 
the reasonable charges of an attorney for defending 
the suit are proper to be allowed. But services ren- 
dered by an attorney to any person in contests with 
other persons in the district about district business 
must be paid for by the person for whom they are per- 
formed . 

Objection is also made to allowance of compound 
interest. This could not be recovered of the district 
at laAV, but I see no objection to the district's agreeing 
to pay it, and paying it if they see fit, as it would be 
in the power of the school committee to prevent any 
excess or abuse of the right. 

I therefore confirm the vote of the committee ap- 
proving of said tax. 

E. R. Potter, C. P. S. 

1853. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. iO 

DECISION No. 5. 

School District Xo. 3, North. Providence. 



A person who has the legal qiial- 
irtcations may vote in district 
meetings even though his name 
is not on the town voting list. 

A district has no right to build 



The power to divide a district 
lies with the school commit- 
tee. 

A district should not make a con- 
tract to build till a lot has 



on a lot till it has a legal title to j been secured and the plan ap- 

that lot. I proved. 

;5. Registry voters may vote to ask 
division of a district. j 

It appears from the statement and admissions of 
the parties, that a meeting dnly notified was held 
Angnst 17th, to reconsider all action relating to build- 
ing the house, etc. At this meeting a motion was 
made to rescind the former proceedings, and as de- 
clared by the moderator, the vote stood 22 to '12^ and 
the motion was declared rejected. It is admitted that 
five who voted for rescinding, and five who voted 
against it, had no right to vote. It is contended that 
Asa M. Allen, who voted for rescinding, had no right 
to vote. He was a resident and owned real estate, 
and according to previous decisions he had a right to 
vote without his name being on the town registry. A 
certificate is produced from the assessors to show that 
Charles Leonard and Crawford Martin, two who voted 
against rescinding, are not taxed for real or personal 
property. Of course, not being liable to pay a portion 
of the tax, their votes should have been rejected. 
The vote, therefore, stands seventeen for rescinding 
and sixteen against rescinding, and the votes for 
building, etc., were legally rescinded. 

This of course disposes of all questions relating to 



76 SCHOOL MANUAL. 



building, but the following points were made and 
argued, and therefore, to prevent further agitation, I 
give my opinion upon them. 

I am of opinion that a district has no right to build 
upon a lot until they have acquired a legal title to it, 
either by lease, deed, or by taking it by process of 
law. And in the latter case, either the time for appeal 
to the Court of Common Pleas should have elapsed or 
the appeal have been decided. The latter caution is 
necessary because the jury on appeal have a right to 
alter the location or wholly reverse all the proceedings. 

It has been previously decided that a district has no 
right to take a deed of a house for religious purposes. 

If the question of the propriety of dividing the dis- 
trict be proposed in district meeting, registry voters 
have a right to vote, because it merely amounts to an 
expression of opinion, and the whole power to divide 
rests with the school committee to whom the vote of 
the district is a mere recommendation to be weighed 
according to its deserts. And registry voters can by 
law vote upon all questions except taxing or expend- 
ing money. 

It was also contended that the location must be made, 
a lot legally procured, and the plans approved before a 
contract can be legally made to build. In the present 
case the contract was made first. The question is a 
most important one, because, if a district proceeds be- 
fore these things are done, it would often lead to a 
wasteful expenditure of the district's money, if the lot 
was not procured or the proceedings approved of, and 
also because innocent parties who contract to build 
may suffer in consequence. In regard to claims of 
contractors against building committees or districts. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 77 

those cases must of course be decided by the courts of 
law ; but I think it is the duty of the school commit- 
tees and school commissioner to guard against a waste- 
ful expenditure of money by a district niajority in all 
cases where they can do it, and it may frequently be 
in the power of the commissioner to do it on appeal. 
And it seems to me plain (without undertaking to de- 
cide how innocent third parties may be affected by 
their acts,) that neither the district nor its officers 
have any right to make a contract until the lot is fixed 
and procured and the plans approved of. 

The appeal was also made from all doings of the 
committee in relation to dividing the district ; but I 
do not see anything upon which the commissioner can 
act. The committee merely decided that the district 
had not asked to be divided. They did not reject the 
application. Any individual has a right to petition the 
committee for a division, and it would be matter of 
discretion in the committee to adopt or reject it. 

E. R. Potter, C. P. S. 

1854. 



DECISION No. 6. 
Joseph 0. Clarke vs. School District No. 7. 

A school district may borrow money upon the note of the district. 

The facts material of this case are these : 
That this school district contracted debts to a con- 
siderable amount, in building a school-house, and for 
other school purposes, and for expenses incurred in 
certain actions and suits in which the district was con- 
cerned, which debts, it was conceded, the district was 
in law bound to pay ; that instead of levying a tax on 



SCHOOL MANUAL. 



the ratable property of the district to raise the money 
for the payment thereof, the district hired of the sev- 
eral individnals named as payees of the promissory 
notes, declared npou in this action, for the pnrpose of 
paying said debts with the money borrowed ; that the 
said promissory notes were given by the district for 
the money so borrowed, and that the money borrowed 
was applied to the payment of said debts. 

The question was raised, whether these promissory 
notes are valid and binding upon the district, or are 
void ; whether a school district has power to raise 
money by borrowing, for the payment of its debts 
lawfully contracted, and to give its promissory notes 
therefor. 

A corporation may bind itself by a negotiable prom- 
issory note or bill of exchange for any debt contracted 
in the course of its legitimate business ; that is, in any 
matter which is not foreign to the purposes of its cre- 
ation. 

A school district (a corporation under the school 
act) by giving its promissory notes for moneys hired 
to discharge debts, incurred in the building of a school- 
house, and otherwise in so doing was not contracting 
debts in a matter foreign to the purposes of its crea- 
tion ; and the provision of the school act giving this 
class of corporations power to raise money by taxa- 
tion, cannot be construed to forbid a borrowing of 
money for a legitimate purpose. 

G. A. Brayton, a. J. S. C. 

1855. 



DECISION No. 7. 
The same person may hold the office of clerk and 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 79 

that of either treasurer or collector, but the same per- 
son cannot be both treasurer and collector. 

8. AMES, C. J. S. C. 
18G3. 



DECISION No. 8. 
School District iVb. 8, North Providence. 

A call for a meeting signed by a de facto trustee is valid. 

In appeal of AVatermau B. Angell and others from 
acts of trustees in calling the meetings of said dis- 
trict held on the 18th and 27th of June. 

The facts upon the point at issue were these. At 
the annual meetings of said district for the years 
18G2, 1803 and 18(34, as appears by the clerk's record, 
Ralph P. Devereux, Charles A. Boyd and Henry Arm- 
ington were successively elected trustees. It was con- 
tended ])y appellants and admitted by respondents 
that Charles A. Boyd was not at the time of his elec- 
tion eligible (Art. IX, See. 1, Constitution of R. I.) 
to the office of trustee, he being a certificate voter, 
and by the Constitution (Art. II, Sec. 1,) entitled to 
vote for general officers only. 

It was also contended that a school district must 
elect either one or three trustees (Title X, Ch. Gl, Sec. 
5, Revised Statutes,) and in this case, inasmuch as the 
district had decided to elect, and did elect, three trus- 
tees, only two of whom were eligible, the third not 
being qualified to hold the office, therefore all the acts 
of these trustees were void. 

It did not appear that there was the slightest suspic- 
ion, during the entire period for which said Boyd had 
held the office of trustee, either upon the part of the 
voters of the district or of the trustees, that he was 



80 SCHOOL MANUAL. 



uot a legal and legally elected officer, or that he acted 
otherwise than in good faith. It has been decided 
that "a person bj' color of election, may be an officer 
de facto, though indisputably ineligible." Ames and 
Angell on Corporations, Ch. IV, Sects. 9-10, pp. 
100-103 ; also Ch. IX, Sect. 4, pp. 272-5. 

I am therefore of opinion that the said Charles A. 
Boyd, though ineligible to the office of trustee, was by 
color of election, de facto one of the trustees, that his 
office was voidable only and not void, and that the 
acts of said trustees in calling the meetings held re- 
spectively on the 18th and 27th of June, 1864, and 
from which appeal was taken, were legal and binding 

acts. 

J. B. Chapin, C. p. S. 

1864. 

Approved. S. Ames, C. J. S. C. 



DECISION No. 9. 

A district has no right to expend the money of the 

coming year. 

E. E. Potter, A. J. S. C. 

1868. 



DECISION No. 10. 



In cases of temporary absence, declining or refus- 
ing to serve, or misconduct, unless the declination or 
refusal is in writing, or capable of positive proof, 
reasonable notice should be given to the officer to ap- 
pear and show cause w^hy the office should not be de- 
clared vacant. 

E. R. Potter, A. J. S. C. 

1873. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 81 



District Meetings. 



DECISION No. 11. 

In the eloetioii of a committee to purchase land for 
site of a school-house which has been approved ac- 
cording to law and the price of which is known to the 
meeting at tlie time of making such appointment, and 
in the election of a building committee for the l)uild- 
ing of that which has been lawfully approved, the 
moderator may receive the vote of any resident of the 
district, who is at the time qualified to vote in town 
meeting for town officers. 

H. Barnard, C. P. S. 

1848. 

Approved. R. W, Greene, C J. S. C. 



DECISION No. 12. 



It is the duty of the moderator to put all questions 
to vote. 

E. R. Potter, C. P. S. 

1848. 



DECISION No. 13. 



Eor a secondary school, the school committee call 
the first meeting, and the trustees call the others. 

E. R. Potter, C. P. S. 
1849. 



82 SCHOOL MANUAL. 



DECISION No. U. 
School District No. 3, North Providence. 

Omissions in the records of school oiftcers may be supplied on proper 
evidence. 

Evidence to correct or supply omissions in the rec- 
ords of school officers, I think may properly be ad- 
mitted. In the case of clerks of districts, it seems 
absolutely necessary, as they are often unacquainted 
with the forms of doing business. In the case of 
a school committee, however, the presumption is 
stronger that they are competent men, and will be 
careful to see that their record is well kept. Yet 
even here great mischief might result from excluding 
all evidelice other than the record. But it should be 
received with great cau^tion, as after any considerable 
length of time parties might not recollect it alike. 

E. R. Potter, C. P. S. 

I approve of the above decision. 

R. W. Greene, C. J. S. C. 

1853. 



DECISION No. 15. 
School District No. 3, North Providence. 

1. Qualifications of voters in dis- | 2. Residence of voters, 
trict meetings. I 

The question turns upon the legality of the votes of 
Finigin and Heaton, which had been struck off by the 
school committee, and were not examined by Mr. 
Potter. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 83 

It appears in evidence that P'inioiu is a uatnralized 
citizen, and a resident in said district ; that he has 
owned real estate sntflcient to qualify him to vote 
since September 4, 1850 ; that his naturalization pa- 
pers are dated March 4, 1851, and that he is taxable 
in the town, and is liable to be taxed in the district 
for the house in which he lives. It was contended 
that, his name not being on the town voting list, he 
could not, for this reason, be allowed to vote in dis- 
trict meetings. The qualifications for voting in dis- 
trict meetings are identical with those for voting in 
town meetings, with the same proviso as to voting 
upon any question of taxation. (See act relating to 
public schools, sec. 32.) But the restriction which 
forbids the moderator to receive the vote of any one 
whose name is not on the voting list, (see act relating 
to elections, sec. 2G,) is not contained in the school 
laws as a restriction to voting in district meetings. 
A moderator is therefore l)ound to receive and count 
the vote of a person who is a citizen and a holder of 
real estate in a district, whenever he has resided in it 
a sufficient length of tiipe, even if his name is not on 
the voting list. Such is the opinion of the late com- 
missioner of pul)lic schools, in decision number 5, 
given on the case of Asa M. Allen, who claimed a 
right to have his vote restored, after it had been an- 
nulled by this same decision of the school committee. 

In the case of Heaton, it is testified, that he became 
of age on the 28th of December, 1853, that he holds 
undivided real estate to a sufficient amount to qualify 
him to vote, and that he is a resident in said district. 
It is objected that, prior to August 17, 1854, he re- 
moved into Massachusetts, and thus lost his citizenship 



84 SCHOOL MANUAL. 



iu Rhode Island. In oppositiou to this it was proved 
that he went into Massachnsetts for a merely tempo- 
rary purpose, and that he never intended to change 
his abode, and that his estate, his business, and his 
real home, remained in Rhode Island. It appears to 
me that the principles which ought to govern in decid- 
ing questions of domicil or residence, as laid down by 
Judge Storj' in his Conflict of Laws, and quoted in 
Appendix No. 9, to the Report of the Commissioner 
of Public Schools for 1854, would render Heaton, still 
a citizen and a voter in district meetings in Rhode 
Island, since his intention of only temporary removal 
seems plain. 

It is, therefore, my opinion that the votes of Finigin 
and Heaton, ought to be counted as against said mo- 
tion to rescind. The vote will then stand seventeen 
ayes, eighteen nays ; and the motion is lost. The 
several votes of the district relating to building are 
therefore still unrescinded, and of the same force and 
validity as if such motion had not been made. 

Robert Allyn, C. P. S. 

Approved. G. A. Brayton, A. J. 8. C. 

1854. 



DECISION No. 16. 



A qualified voter, if he lie not a property holder, is 
eligible to office. 

E. R. Potter, C. P. S. 
1854. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 85 

DECISION No. 17. 
^School DiMrict No. o, North Providence. 

Registry voters have the right to vote on the question of the propriety of 
dividing the district. 

If the question of the propriety of dividing the dis- 
trict be proposed in district meeting, registry voters 
have a right to vote ; l)ecause it merely amounts to an 
expression of opinion, and the whole power to divide 
rests with the school committee, to whom the vote of 
the district is a mere recommendation to be weighed 
according to its deserts ; and registry voters can by 
law vote upon all questions except taxing or expend- 
ing money. 

i:. R. Potter, C. P. S. 
1854. 

Approved. 11. W. Greene, C. J. S. C. 



DECISION No. 18. 
/School District No. 5, North Providence. 

All business of special meetings of school districts must be specified in 
the notice of the meeting. 

The commissioner is of opinion that an election of 
trustees at a special meeting, the notice whereof did 
not specify that business, cannot be considered valid. 
Section 29 of the school law enacts that notice of 
the time, place, and object, of every special meeting 
shall be given for five days inclusive, before the hold- 
ing of the same. The notice put up on the 1st for a 
meeting to be held on the Gth. contained no specifica- 



86 SCHOOL MANUAL. 



tiou conceniiug the election of a trustee ; and as this 
meeting was adjourned, and another notice was posted 
up, it must be held that the meeting of the 15th was 
not competent to elect a trustee — an item of business 
not named in the original warrant. If it is said that 
a motion was made to accept the resignation of 
Trainer, and this being postponed to the next meeting- 
was a sufficient notice of the intention to elect a trus- 
tee, it will be an ample reply to say that such post- 
ponement cannot be considered a notice according to 
the requirements of the laAv. For section 30 of the 
school law specifies the mode of notice, which is " by 
publishing in some newspaper, or by putting up notice, 
or in such manner as the school committee may re- 
quire." The notice certainly was not given in any of 
these three ways. It may also be said, that if the law 
requires the business of every special meeting to be 
named in the warrant, trustees, if so disposed, might 
prevent action on any uecessar}^ matter by failing or 
refusing to insei't it as an item in the warrant calling 
the meeting. But section twenty-seven of the school 
law, provides against this by commanding the trustees 
to call a meeting to be held "within seven days, on 
the written request of any five qualified voters, stating 
the object for which they wish it called," and if the 
trustees neglect or refuse to call such meeting the 
school committee may call it and fix the time of hold- 
ing it. 

E. Allyn. C. p. S. 

1856. 

Approved. Geo. A. Bkaytok, A. J. S. C. 

ISToTE— The law concerning the time of notices for district meetings has 
been changed since the above decision. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 87 

DECISION No. 10. 

tirhool Distrirt Xo. 7, BarriUrille. 

1. No person to vote on any propo- 2. 'I'o clmnire a vote of a district it 

sition to raise a tax, unless lie must be shown that enouuli il- 

is liable to pay a part of said Iet;al voles were cast to change 

tax. I the result. 

The comniissiouei' decides that the school law does 
imperatively prohibit any person from voting on any 
question concerning taxation, unless he has paid, or 
shall be liable to pay, a portion of such tax ; and on 
examination of the names of persons who voted for 
and against said motion to pay the debts of the dis- 
trict with this money, he finds that no person so hav- 
ing paid a portion of said tax, voted in the affirmative, 
and that five persons so having paid a portion of said 
tax, voted in the negative. He, therefore, declares 
that the motion was lost. 

R. Allyn, C. p. S. 

185G. 



DECISION No. 20. 
School District No. 2, Cranston. 

Any resident of a school district, qualified at the time as a resristered voter 
to vote in town meeting, is entitled to vote in the district meeting to 
assess a tax for the repair or improvement of the district school-house, 
provided he be liable on account of his personal estate to contribute to 
the tax for which he votes, although he has never been assessed for such 
personal estate, and his name is not upon the last list of town voters. 

Appeal to the commissioner of public schools, from 
the vote of a district meeting of school district No. 2, 
Cranston, ordering a tax of $500 to be assessed upon 



88 SCHOOL MANUAL. 



the ratable property of the district, for the purpose of 
repairing and improving the school-house in said dis- 
trict. 

By the statement of facts, it appears a vote was 
passed at a district meeting held on the 21st of May, 
1859, by eighteen affirmative, against sixteen negative, 
votes ; and the appellants contested the validity of the 
order of assessment by impeaching the right to vote, 
at said meeting, of Horatio N. Randall and Charles 
0. Bennett, residents in said district, both of whom 
voted in the affirmative. It further appears from the 
statement that Randall was in September, 1858, 
assessed in the town of Cranston for town taxes, the 
sum of $3.65 upon real estate valued at $1,200, which 
he paid to the town collector on the 8th day of March, 
1859 ; and that having, in January or February, 1859, 
sold his real estate, he was in July of that year, 
assessed for town taxes in Cranston, the sum of 
$1,07^ upon personal estate valued at $500 — the same 
estate for which he was assessed for his proportion of 
the tax in question. Bennett's name, though upon 
the registry, was not upon the list of voters of the 
town of Cranston, prepared for the April or June elec- 
tions, 1859. 

By Sec. 8, Ch. 62, of the Revised Statutes, every resi- 
dent in a school district is entitled to vote in a district 
meeting, who is qualified at the time to vote in a town 
meeting, with this further restriction, — that to vote 
upon any question of taxation of property, or of expend- 
iture of money raised thereby, he must either have 
paid, or be liable to pay, a portion of the tax. He need 
not, however, be upon the last list of town voters ; 
since such lists are not prepared or made up for dis- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 89 



trict, as they are for town meetings ; and there is, 
tlierefore, no mode provided by which he could get 
upon the list, however well qualified he might be at 
the time to vote. 

In this view of the statute, it is plain, that Randall 
was entitled to vote for the tax ordered to be assessed 
by the district meeting of school district No. 2, of 
Cranston, held on the 21st day of May, 1859. 
Though not upon the town voting list made up for the 
April election, 1859, he was qualified, as a registered 
voter, to vote at the meeting in question, by the pa}'- 
ment of a tax to the amount of a dollar, upon prop- 
erty valued at a sum exceeding one hundred and thirty- 
four dollars, assessed within the year next preceding, 
and more than four days jjrior to the time of his 
voting (Rev. Stat. Ch. 22, Sec. 1 ; Ch. 23, Sec. 14), 
and although he had parted with the real estate upon 
which this tax had l)een assessed, he was, on account 
of personal estate to the amount of $500, liable to 
contribute to, and therefore entitled to vote for, the 
school district tax in question. 

S. Ames, C. J. S. C. 
1859. 



DECISION No. 21. 



I am satisfied no particular length of residence is 
necessary in a district to entitle a person to vote, pro- 
vided it be bona fide. This was formerly held so, and 
I cannot see any good reason to doubt it. 

E. R. Potter, A. J. S. C. 

1872. 

8* 



90 SCHOOL MANUAL. 



DECISION No. 22. 

Right of a husband to vote on his wife's real estate. 

1. Any husband who married his wife previous to 
December 2, 1872, and whose wife acquired the prop- 
erty on which he claims the right to vote previous to 
December 2, 1872, is entitled to vote under Art. II, 
Sec. 1, if he is otherwise qualified and if the prop- 
erty is a freehold estate of the value prescribed in the 
constitution, whether he has had children by his wife 
or not. 

2. Any husband married since December 2, 1872, 
or whose wife has acquired the property on which he 
claims the right to vote since December 2, 1872, is 
entitled to vote under Art. II, Sec. 1, if he is other- 
wise qualified and if the property is an estate of in- ' 
heritance of the value prescribed in the constitution, 
provided he has had issue by his wife capable of 
inheriting it, — but otherwise, not. 

T. DURFEE. 

W. S. BURGES, / e 

E. R. Potter, ) 

r< T\,r Court. 

C. Matteson, 
J. H. Stiness, 
1878. 



DECISION No. 23. 
Emma A. French vs. School Committee of Coventry. 



1. District meeting held under but 
one notice is illegal, even though 
all the voters knew of the 
meeting. 



Neglect of duty by a school offi- 
cer renders him liable to a pen- 
alty, but does not invalidate a 
school. 



This was' a case where a trustee was elected at a 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 91 

meeting called by only one notice, whereupon objec- 
tion was made and the old trustees called another 
meeting by posting two notices, at which meeting 
another party was elected trustee than at the tirst 
meeting. The trustees elected at the second meeting, 
hired the appellant, who proceeded to teach the sum- 
mer term of school ; the trustee elected at the first 
meeting having in the meantime surrendered posses- 
sion of the school-house. The school committee, 
however, from doubts as to the legality of the trus- 
tees election, refused to recognize the school, though 
notified of its existence by the teacher according to 
their rules ; and at the end of the term they refused to 
draw an order for the payment of her wages, though 
the proper return, duly signed, was presented. 

It was decided, First, that an election held at a 
meeting called by but one notice was invalid, that 
verbal or i)arole notice cannot be accepted in place of 
the plain statutory requirement of two written notices. 
Second, that the failure of the school committee to 
recognize a school, which was otherwise legal, could 
not be construed into a condemnation of such school. 
Third, that tlie failure of a school officer to visit a 
school, or to give notice as required by law renders 
the official liable for neglect of duty, but does not de- 
stroy the legality of the school. 

T. B. Stockwell, C. P. S. 

1875. 

Appealed to Supreme Court and decision sustained. 

E. R. Potter, A. J. S. C. 
1881. 

See Decision No. 5 I'age 75. 
See Decision No. 8 Page 79. 
See Decision No. 10 Page 80. 



92 SCHOOL MANUAL. 



District Taxes. 



DECISION No. 24. 

The approval by the committee of a tax legally 
voted, cauuot be appealed from. 

H. Baunako, C. p. S. 
1844. 

Approved. E. K. Pottek. C. P. S. 

1854. 



DECISION No. 25. 



Committee maj^ rescind their approval of a tax be- 
fore contract has been entered into. 

E. K. Potter, C. P. S. 
1853. 

DECISION No. 26. 

The boudseimen of a town collector are not liable 
for his acts as district collector. 

E. R. POTTEK. C. P. S. 

1854. . 



DECISION No. 27. 
School District Xo. 14, Smith fiehl. 

1. Votes us to times for assessing or kept separate in all assess- 



collectiug a tax are directory 
merely and do not prevent 
the action being taken subse- 
quently. 
2. Keal iuui personal estates must be 



ments of t4»xes. 
3. It is sutlicient if a tax is ap- 
proved by the school com- 
mittee before the warrant 
for collection ie issued. 



DECISIONS KELATJNG TO PUBLIC INSTRUCTION. 'J3 

A (liiL'ctioii to assesH or collect a tax within a Bpeci- 
licd tiiiu; ih directory merely, and if, by accident or 
otIicrwiHe, it iw not d<>n(! within the time fixed, it may 
h(; done; within ii rt,'asontd)h' and (•(jnvciiicnt time after- 
waids. 

The law positively reijiiiies real and personal estate 
to hf asHesHed in separate cohunns, and any assess- 
ment ma(h; otherwise is illej^al. 

Altiiou<i;h it is prndent to procure a tax to be ap- 
proved by the school cominittee iiefore any procee<ling8 
aie had under the vote, yet it is sufficient if the tax 
be approved befoi'e the warrant is issued to collect it. 

K. I{. POTTKK, C. V. S. 
Ajtproved. R. W. (jIickknk, C. .J. S. C. 



DPXISION No. 2M. 
tSrJi.oijl Jjlxfrirt No. 'V, North J^rocifhnai. 

e'oiiiiiiiHBioiicr (-aiifiot eornpi-l triiHU-CH lo i?rant a warrant for the collection of 
a tax, and iniiHt not interfere to perform their duties. 

A tax was voted, assessed and partly collected; 
and the conunissioner is now asked to appoint a col- 
lector ancl to issue a wairant to collect the balance. 

Counsel foi' a tax-payer in said district opposed to 
th(! ^rantiii<4 th(! petition raised a cpiestion of jurisdic- 
tion, and move(l tiiat the petition Vje dismissed because 
the c<nninissioner had not power to <^rant the relief 
pray('d for. 

After consideration, the commissioner submits the 
followin<^ as his decision on the question of jurisdic- 
tion : 



94: SCHOOL MANUAL. 



It is seriousl}' doubted whether, imder the forty-sixth 
section of the school law, — the section cited as giving 
all the authority over the case, — the commissioner has 
power to order and enforce the collection of the bal- 
ance of a tax legally voted, approved, assessed, and 
partly collected by a district under the rightful author- 
ity of their trustees. The case contemplated by that 
section appears to be one in which there is no power 
in the district to collect taxes and thus satisfy any 
just claims which creditors may have against it ; aud 
not one in which the power has already been exercised 
to a certain extent, and the officers of the district are 
simply indisposed to proceed. The petition does not 
allege any errors in the assessment nor any want of 
power to collect, but' only asks the commissioner to 
perform a duty legally devolving upon their officers, 
but very repugnant to their feelings ; or, in other- 
words, it is but asking one officer of the state to un- 
dertake a duty where his authority is at least doubtful, 
and discharge it for another where the latter' s power 
is far more clear. 

Besides, it seems that according to the sixty-sixth 
section of the school law, the trustees of the district 
have a right to presume that the tax was a legal one, 
and that it is, therefore, properly and lawfully due, 
inasmuch as there appears to have been no exception 
taken to the vote by which it was ordered, nor to the 
act by which it was assessed. 

It is a principle Avhich must govern the commis- 
sioner, that he will not encroach upon the powers, 
prerogatives, or duties of any officer below him elected 
by the people themselves. And as the trustees of the 
district were elected for this very purpose of collect- 



DECISIONS UELATING TO PUBLIC INSTKUCTION. Do 



iiig Jill lawful taxes, and as tliey have ample powers 
and securities, the petition is therefore dismissed. 

R. Allyn, C. p. 8. 
1855. 



DECISION No. 29. 
/School District Xo. 7. /Scitnate. 

A district tax cannot l>e paid to any otlier person tlian the collector. 

Where Y's land had been levied ui)on and sold l»ya 
tax collector for non-payment of a school district tax, 
and Y. brought ejectment against the purchaser, alleg- 
ing and offering to show that prior to the lev}^ and sale 
he had paid his tax to the treasurer of the district. 
Hi'ld that evidence to this effect was inadmissable ; 
that tlie tax collector is the only officer authorized to 
collect a tax assessed by a town or school district : 
and that the levy and sale was valid. 

It is b}' law made the duty of the district collector 
to collect the tax and pay it over to the treasurer or 
his successor in office. To him is delivered the tax l>ill 
and warrant for that i)urpose. lie gives bond for the 
proper performance of that duty if a bond is required, 
and is entitled to the commission provided b}- law for 
his services in collecting the tax. He must collect 
the tax and \mj it over to the treasurer within the 
time specified in his warrant. If he fails to do this 
he may l)e sued or prosecuted for his default. The 
treasurer has no authority to collect the tax ; but only 
to receive it of the collector when collected, and dis- 
])urse it according to law. He does not have the tax 
l)ill for the purpose ; and payment to him is no more 



96 SCHOOL MANUAL. 



a legal payment than it would be if made to any other 
officer of the district, who is not authorized by law to 
collect the tax. 

A. Bos WORTH, A. J. S. C. 
1855. 



DECISION No. 30. 



Case of Echvard S. Wilkinson, guardian, in appeal 
from tax in District No. 1, North Providence. 



1. Imperfection of a district clerk's 

record does not render invalid 
a tax properly voted. 

2. A vote to assess by percentage is 

not illegal. 



The assessment of a tax will be 
legal if it is clear to whom and 
on what property it is as- 
sessed. 



Upon the facts as presented and after considering 
the arguments of the parties, and after advising with 
Judge Brayton, of the vSupreme Court, the commis- 
sioner is of opinion that the imperfection of the rec- 
ords of the clerk will not affect the legality of the tax. 
The proceedings, so far as the notice of the meeting 
and the form of the resolution are concerned, were un- 
doubtedl}^ legal and proper. As to the mode of levj'- 
ing the tax by percentage instead of by specific sum, 
the commissioner is not aware that this is contrary to 
the school law. It is evident that the school commit- 
tee might approve a specific sum after the tax had 
been assessed by the trustees ; and as there is no evi- 
dence to show that the committee did not approve 
some specific sum, it must be held that the failure to 
vote a specific sum, does not render the whole tax 
invalid. Also in reference to the assessment of the 
tax to Edward S. Wilkinson for Nathan Lazelle, in- 



DFX'ISIONS RELATING TO PUBLIC INSTRUCTION. i) i 

stead of to Edward S. Wilkinsou, guardiau for Nathan 
Lazelle, since it was shown that this had been the 
mode of assessing taxes on the said Nathan's personal 
property in the town of North Providence, and since 
it was not sliown that the said "Wilkinson had ever ex- 
perienced any dithcnlty in the settlement of his ac- 
connts with the said Nathan's inheritance before the 
court of probate, the connnissioner does not 'deem it 
to be proper for him to interfere, and solely on this 
account decree a forfeiture of the tax on the part of 
the district. This is a matter of technical law and 
he does not therefore attempt to settle the meaning 
and usage of that law. It is deemed just and best 
that in this case, this tax should follow and be paid as 
other taxes have been paid. 



R. Allyn. C. p. S. 



1856. 



DECISION No. 31. 
ISchooJ District No. 7, WanL-icTx. 

A district tax can be confided to a town collector when there 18 a district 
collector duly appointed and qualified. 

I decide, that, according to the 37th section of the 
act relating tO public schools, "Any district may vote 
to place the collection of any tax or rate bill in the 
hands of the collector of town taxes," notwithstand- 
ing there be a district collector ; and I, having been 
satisfied by evidence that a vote to that effect has been 
passed at a regular district meeting of School District 
No. 7, of the town of AVarwick, decide that the col- 



98 SCHOOL MANUAL. 



lection of the tax iu question may be legally confided 
to the collector of town taxes of that town. 

R. Allyn, C. p. S. 

1856. 

I approve of the above decision. 

8. Ames, C. J. S. C. 



* , DECISION No. 32. 

School District iVo. 11, Exeter. 

1. A tax approved by the school i 2. A trustee not authorized to m- 

committee if subsequently in- ! sure a school-house without 

creased, must be again ap- j authority from the district, 
proved. i 

Three points of objection can be sustained. The 
" notice " of the second meeting, the approval of the 
school committee, and the insurance. The " notice " 
and " insurance " may be reduced to one. The power 
to insure a school-house is by Sec. 3, Chap. 61, School 
Law, vested in the district and not in the trustee. Yet 
if the ' ' notice ' ' had specified insurance as one of the 
objects of the meeting, a vote of the district sanction- 
ing the trustee, would have been legal. 

It is ni}' opinion and decision that this tax is not 
legal, — because the whole tax has not been approved 
b}^ the school committee, and the notice not sufficient 
to authorize the district to sanction the act of the 
trustee in procuring insurance on the house. 

J. Kingsbury, C. P. S. 

1858. 

Approved. S. Ames, C. J. S. C. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 09 



DECISION No. 33. 

The excess of a tax l)eyoiKl the district's indebted- 
ness does not affect the legality of tax. 

J. B. Chapin, C. p. S. 
1859. 



DECISION No. 34. 



If taxes are paid to the treasnrer, the collector will 
have the same claim to his percentage as if the taxes 
had been paid to him originally. 

J. B. Chapin, C. P. S. 

1S(]0. 



DECISION No. 35. 



In the case of a person, who resides in a district 
only a part of the time, the question of taxation of 
personal property must depend upon the time that 
said person resides in the district. 

J. B. Chapin, C. P. S. 

1860. 



DECISION No. 36. 



AVhen there is only one tax paying voter in the dis- 
trict his vote is sutHcient to order a tax. 

E. P. Potter, A. .1. S. C. 

1868. 



100 



SCHOOL MANUAL. 



DECISION No. 37, 



School District No. 4, MkldJetoivn. 



In any appeal where a district as 
such is an interested party, the 
district must be officially noti- 
fied of the hearing. 

Where a tax is assessed by asses- 
sors appointed by the commis- 
sioner they must give notice of 
their assessment and proceed to 



value the property independent 

of the town valuation. 
A tax collector acting under 
an apparently legal warrant 
would not be liable for dam- 
ages in case it was proved de- 
fective. 



lu this case the trustee made a coutraet with the 
teacher, and this contract was made kuowu to the dis- 
trict meetiug, aiid the vote of the district thereon 
(though invalid for other purposes) may well be held 
to be a ratification of it. 

Subsequently upon the district refusing to carry out 
the terms of the contract, the teacher, Coggeshall, and 
the trustee, Carpenter, united in an appeal (which we 
may construe to mean that they applied under this 
provision) to the commissioner May 12, 1870, and he 
appointed the same day for a hearing, and it is alleged 
that ' ' due and actual notice of such hearing before 
the commissioner was given, and both parties were 
present." It is not alleged to whom notice was given, 
or who were present ; and by both parties, we must 
understand the two persons before named, no others 
being either directly or indirectly referred to. The 
district Avas the party against whom the contract was 
to be enforced, and of course a proper party to this 
proceeding, but as the plea does not allege that the 
district was notified, we must infer that it was not, and 
that omission was fatal. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 101 

It is also alleged that the commissioner, on July 9, 
1870, decided tliat the tax voted by the district, '"suf- 
ficient to pay the residue of tlie contract," should be 
assessed and collected in accordance with the power, 
conferred by Revised Statutes, R. I. cap. (54, § 4 ; 
and issued a warrant to INIessrs. Peckham, Carpenter, 
and the district clerk, to assess a tax "on the valua- 
tion of the town assessors of 18GD-70," and appointed 
the district collector to collect it ; that the district clerk 
declined to act as assessor, and notified the commis- 
sioner ; and the commissioner (whether verV»ally or in 
writing is not said) directed the other two to proceed 
and assess the tax ; and that they were legally ap- 
pointed and qualified, and did assess a tax on said 
valuation, etc., etc. ; that the commissioner approved 
it, and, August ^Oth, issued his warrant to said AVm. 
F. PeckhauT to collect it. 

When a district trustee apportions a tax, lie is to do 
it (Revised Statutes R. I. cap. (;4, § 2,) on a valua- 
tion made b}" the town assessors. But when a tax is 
to be collected under the commissioner's warrant, the 
assessors may use the town valuation as a guide ; but 
they nmst, after all, assess it up<m their own judgment. 
And it ])eing an actual assessment, proper notice should 
have l)een given, vvliich is nowliere alleged. 

The collector, acting under an apparently legal war- 
rant, would not be held liable as collector. 

E. R. POTTKR, A. J. S. C. 

1877. 



102 SCHOOL MANUAL. 



DECISION No. 38. 

School District Xo. 19, Soxth Kingstown. 



School commissioner lias no 
power to order a tax in a dis- 
trict except in cases wliere the 
law specifically provides for 
snch a case. 



. School commissioner cannot ap- 
prove a district tax, hence 
there is no appetU to him in 
such matters, except as to qnes- 
tionsof its formalities and ille- 
I galities. 



Ill this case school district No. 19 of South Kings- 
town voted a tax for school purposes and the school 
committee of the town refused to approve of it. From 
that refusal an appeal was taken to the school commis- 
sioner, and on the hearing it was objected that the 
school commissioner had no jurisdiction to reverse the 
committee's vote and to approve of the tax himself, 
and as requested In^ the party he has iaid the case be- 
fore one of the judges for his decision. 

The right of appeal given by Chapter oo. Sec. 1, of 
the School Law, is expressed in very general terms. 
Yet it is evident that it cannot be construed to 
authorize him to reverse the proceedings of the Board 
of Education, and so of some other officers who haA'e 
duties to perform under the law. So if a district re- 
fuses to order a tax, he can only order a tax in the 
case provided for by law, where a contract has been 
made, etc. To hold otherwise would be to make the 
school commissioner the absolute dictator on questions 
of taxation. 

AVe must be guided in deciding this question by the 
intention of the law so far as can be gathered from 
its language and history, and we ma}- also resort in 
cases of doubt to the practical construction of it as 
settled b}' usage and previous decisions. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 103 

It is obvious that the commissiouer may on ai)peal 
ic'verse a vote of a district or coniniittee for infor- 
mality or iUegality, in many cases where he would not 
have a rii>lit to make any further or new decision of liis 
own. Tliis would be carrying out the object of the 
hiw in giving the appeal, which has always been hold 
to lie the prevention of litigation, by furnishing a cheap 
and speedy mode of deciding on such informalities 
and illegalities. 

The location of school-houses is one of those cpies- 
tions where the object of the law is to guard against 
the i)revalence of mere local interests, to guard the in- 
terests of minorities and of non-resident owners of 
property ; and in these cases the connnissioner has 
always from the very beginning of the system and 
with the presumed acquiescence of tlie legislature, ex- 
ercised the right to make a new location on appeal ; 
And so in many other cases, where it may be neces- 
sary to protect the rights of teachers and scholars 
from the consequences of local excitements and 
cpiarrels. 

The i)rincipal diflicvdty in the present case grows 
out of tlie very different language used l)y the (ieneral 
Assembly in C'liai). bS, •• Of tlie i)Owers of school dis- 
tricts," Sects, o and 4. The difference is too marked 
to be overlooked, and I must therefore conclude that 
while the commissioner may reverse, or refuse to re- 
verse, a vote or decision of the committee in such a 
case as the present one, for illegality or informality, 
he cannot make a decision approving the tax. 

E. K. Potter, A. J. S. C. 

1.S77. 



104 



SCHOOL MANUAL. 



DECISION No. 39. 



School District J^o. 1, HicJimond. 



In case of assessing tax where a 
town assessor is to be called 
upon, the trustee before calling 
upon him, must endeavor to 
agree with the parties as to 
their valuation. 

The school committee's records, 



and not the town clerk's, are 
the ultimate authority as to a 
district's boundaries. 
An assessment of a greater 
amount than that voted by the 
district is illegal, whether the 
excess be great or small. 



lu the matter of the appeal of the Wood River 
Branch Railroad against school district No. 1, of Rich- 
mond, it was claimed In^ the appellant that a certain tax 
assessed by the trustee of said district in accordance 
with a vote of the district, of November 3, 1878, was- 
illegal and void. 1st. Because the trustee called upon 
a town assessor to value that portion of the railroad's 
property lying in the district, without trying first to 
secure an agreement with the corporation. 2d. Be- 
cause the records of a district's boundaries as recorded 
in the town clerk's office are the legal bounds and the 
ultimate authority on that question , while in this case 
the trustee followed certain bounds which were fur- 
nished by the school committee. 3d. Because the 
vote to levy the tax only authorized a tax of $125, 
whereas the tax as assessed by the trustee amounted 
to $125.40. 

Upon the first point raised b}^ the appellant I am of 
the opinion that the trustee should, after the tax was 
voted, have endeavored to agree with the railroad cor- 
poration, before calling upon the assessors for their 
aid. Such is the natural and only legitimate meaning 
of the proviso, "if unable to agree with the parties 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 105 

iiitcrestt'd," which oet'iu's in tlie section under wiiich 
the action coniphiini'd of was taken. ]More<)ver, no 
such proviso existed in the school hiw of 1S45 ; l)ut 
it was subsequently inserted, evidently because it was 
found l)y experience that a chanoe was necessary in 
tliat direction. 

The second claim of the ai)pellant 1 do not think is 
sustained by the law. In the section of the law which 
refers to the town clerk keeping the records of Ihe 
district l)oundaries, nothing is said or implied which 
makes them the final authority. On the other hand, 
the school committee is explicitly given full power over 
this question of district l)oundaries. 

In regaid to the legality of an assessment where 
the total amount assessed is greater than the amount 
voted l)y the district, I think there can be no doubt 
that it is illegal. The right to exceed the prescri])ed 
amount at all, implies the right to carry the excess to 
almost any amount, and hence, in fact, transfers the 
l)ower of determining the amount of the tax from the 
district to the trustee. 

T. E. Stookwell, C. P. S. 

187;). 

I hereby contii-m the al)ove decision. 

E. R. PoTTEK, A. .T. S. C. 



106 SCHOOL MANUAL. 



DECISION No. 40. 

School District No. 4, West Greenwich. 

Wliere school committee change | house ought not to be relieved 

territory from one district to i from such responsibility, 
another, with an agreement of 3. Change of boundaries does not 

the owners that they are willing alter or destroy the identity of 

to be set back when the com- ■ the district. 



mittee think best, such agree- 
ment is a waiver of notice of 
such action by the committee. 
Property that has never contrib- 
uted to the erection of a school- 



Property added to a district af- 
ter a tax is voted, is liable if it 
is in the district at time of 
assessment. 



From the evidence submitted it appears that in Feb- 
ruary, 1876, the appellants being then located in district 
No. 4, West Greenwich, petitioned to be set off to 
district No. 10, because at that time there was no 
school-house in district No. 4, and therefore their 
school privileges were very poor ; and unless they be- 
longed to district No. 10, if they availed themselves 
of the school there, they would be liable to pay for it. 

They were accordingly set off to district No. 10 by 
the committee ; upon the understanding as confessed 
by both parties, that whenever district No. 4 should 
build a school-house this property should contribute its 
regular quota thereto, it never having been assessed 
for this purpose. 

Matters continued thus till the spring of 1879 when 
the question of building a house was agitated in dis- 
trict No. 4, and finally at a meeting held March 24, 
1879, the district voted to build and also to assess a 
tax of $350 to defray the expenses. 

The house was constructed during the summer and 
fall of 1879, and in November, when the question of 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 107 



raising the money to pay for the l)nilding arose, tlie 
trustee ))efore making tlie assessment of the tax ap- 
plied to the school committee for a particuhir state- 
ment of the bounds of the district and for such a 
correction of tlie lines as would restore to the district 
the property previously transferred to district No. 10. 

Accordingly a meeting of the committee was called 
for Noveml)er 2!), 1871), when the matter was dis- 
cussed and finally laid upon the table till the next 
meeting, December 4. 

One object of the postponement was to give notice 
to these two parties of the pro})osed action, but through 
some misunderstanding no such notice was given, and 
on said December 4 the committee met and passed the 
vote ai)pealed from. 

On the ^th of December the trustee made out his 
rate bill of the tax voted as above on the 24tli of 
March, and delivered it to the town collector for col- 
lection . 

The appellants claim a reversal of this vote of the 
school committee because ; 

First. No notice of the proposed change was 
given them. 

Second. They had no voice in laying or voting the 
tax which is now assessed against them. 

Third. It is more convenient for them to be in dis- 
trict No. 10 than iu district No. 4. 

To these claims the respondents rejoin that 

First. It has never been the custom in this town to 
give parties notice of intended changes in the bound- 
ary lines of districts, nor is such notice called for by 
the statutes. 



108 SCHOOL MANUAL. 



Second. The action of the committee was simplj?^ 
carrying iuto effect the original nnderstandiug that 
when district No. 4 built' a school-house this property 
should contribute its quota. 

Third. The school- houses in the two districts are not 
far from being equidistant from these two farms in 
question, while the approaches to each are such as to 
render a choice between them very difficult to make. 
Certainly no preponderating advantages exist in favor 
of district No. 10. 

Fourth. The amount of taxable property is much 
less in district No. 4, than in district No. 10 ; hence the 
latter ought not to be enriched at the expense of the 
former. 

After a careful examination into the facts I am 
of the opinion that the decision of the school commit- 
tee in question should be confirmed for the following 
reasons : * 

First. The original boundaries of the districts are 
thus re-established. It is quite safe for us to assume 
that the original division into districts was the fairest 
distribution that could be made, so far as the rights 
of all were concerned. 

For the transfer of this property from district No. 
4 to district No. 10 to be made permanent, would be 
to the very manifest injury of district No. 4, and 
would require for its justification very strong reasons 
which I fail entirely to find. 

Second. The acknowledged understanding l)etween 
the appellants and the school committee at the time of 
the transfer from district No. 4 to district No. 10 con- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 109 

stitutes a practical waiver of notice ; the act com- 
plained of being virtually the second part of an 
agreement previously made. 

Third. The property in question having never con- 
tributed to the erection of a school-house should be 
so assessed, and it is very clear that district No. 4 is 
the district entitled to the benefit thereof. 

Fourth. I am fully of the opinion that the best in- 
terests of the two farms in question will be full as 
well, if not better, promoted by their being joined to 
district No. 4, than if they were annexed to district 
No. 10. 

The claim that the tax is not collectible of the appel- 
lants because it was voted before they were joined to 
the district and therefore a tax in which they had, and 
could have had, no voice, is not tenable, because the 
district which voted the tax and the district which 
assessed it were legally one and the same district, and 
all rights and powers which were vested in the one, 
were of necessity vested in the other. If such were 
not the case, every time the bounds of a district were 
changed it would be necessary to re-elect officers and 
re-enact any votes passed previous thereto which 
were intended to have an}' farther force or validity^ 
It is difficult to see, therefore, how the trustee when 
he came to assess, the tax which had been voted by 
the district could do otherwise than assess aU property 
which the district contained at the date of his assess- 
ment. 

To the claim that such a decision violates the princi- 
ple that one cannot be assessed for a tax which he had 
no voice in ordering, it is sufficient to say that protec- 



110 SCHOOL MANUAL. 



tiou against any injustice is secured by the provisions 
for an appeal, as in this case, on the question of merit 
in the change of bounds. 

I do therefore confirm and establish the vote of the 
school committee of December 4, 1879, whereby the 
farms of Gideon Bailey and Clark H. Franklin were 
joined to district No. 4, West Greenwich ; and also 
the validity of the taxes assessed upon said property 
by the assessment of December 5, 1879. 

T. B. Stockwell, C. P. S. 

1881. 

Approved. C. Matteson, A. J. S. C. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. Ill 



Trustees. 



DECISION No. 41. 

The loss of the qualification as elector required to 
render a trustee eligible to the office, would not cause 
a forfeiture of the office. 

E. R. Potter, C. P. S. 

1849. 



DECISION No. 42. 



When no appeal from the manner of the election of 
trustees is taken within a reasonable time, if they act 
in this capacity dui'ing the year, their acts as such are 
valid, and they are the acting trustees of the district. 

E. R. Potter, C. P. S. 

1849. 



DECISION No. 43. 



When three trustees are elected, each must be 

elected every year. 

E. R. Potter, C. P. S. 
1851. 



DECISION No. 44. 
When from neglect of trustees, the school commit- 



112 SCHOOL MANUAL. 



tee assume the power of opening a school, the trustee 
is bound to respect their orders. 

E. R. Potter, C. P. S. 
1851. 



DECISION No. 45. 
School District No. 5, Little Compton. 

A trustee of a school district can only be removed during his term of office 
for cause. 

I am of opinion that a district having once legally 
made an election of any of the officers required by 
law to be elected, would have no right to rescind it. 

The case would be different, however, with persons 
who were merely appointed by the district as a com- 
mittee for some particular purpose. Over such cases 
the district would have complete control, and might 
remove such agents at pleasure. 

A trustee once elected and accepting could only be 
removed for good cause and after notice and hearing. 
The contrary doctrine would lead to continual con- 
tests and confusion. 

E. R. Potter, C. P. S. 

1853. 



DECISION No. 46. 
School District No. 2, North Providence. 

1. Trustees can hire at whatever ' 3. Trustees have no power to re- 

wages they please. j duce a teacher's wages or to 

2. The legal school year begins [ dismiss him during the term 

May Ist, annually. I for which he is hired. 

At the proper time of the year, and under the ap- 
probation of the school committee, the trustees have 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 113 

nnlimited authority to employ a teacher at whatever 
wages they please. If they employ at very high wages, 
they may, by a vote of the district, assess and collect 
a tax to defray the extra expense. If they employ at 
cheap wages, the unexpended balance of their appro- 
priation must be divided among the other districts. 
And if trustees choose to use only a part of their 
share of the "teachers' money" for their own dis- 
trict, and leave the remainder to other districts, there- 
by providing an inferior school for their own children 
and a better one for their neighbors, no power is 
known to prevent, provided they do it at the proper 
time. At such times as trustees may lawfully hire 
teachers for their schools, they may hire as cheaply as 
they can, provided the school committee will appro- 
bate those hired. 

In reference to the time when the legal school year 
commences, there can be but one opinion. In absence 
of any vote of the district prescribing the time at 
which the teacher's contract shall terminate, and in the 
absence of any written or specific agreement between 
the trustees and teachers as to this time of termina- 
ting the contracts, and in such districts as have estab- 
lished permanent or yearh' schools with fixed terms 
and vacations, the legal school 3'ear must be settled 
by the statute. Section 21 of the act relating to pub- 
lic schools, makes it necessary for a district to keep a 
school not less than four months at some time during 
the year ending on the first of May, in order that it 
may be entitled to draw its portion of the '' teachers' 
money " for the year thereafter ensuing ; the commis- 
sioner is required by section 2, annually in May to 
apportion the money annually paid out of the general 
10* 



114 SCHOOL MANUAL. 



treasury for public schools among the several towns 
according to law^ and his office annually expires on 
the second Tuesday of that month. Section 20 en- 
acts, among other things, that the school committee 
" shall apportion as early as practicable in each year, 
among the districts, the money received from the 
State;" and section 21 further provides "that at the 
end of the school year any money which shall remain 
unexpended may be divided by the committee among 
the districts the following year;" and finally, section 
26 makes it the imperative duty of a district to hold 
its annual meeting near this time, namely, in April or 
May. From all this and from the fact that the returns 
of the districts to the school committees and from the 
committees to the commissioner are made to this date, 
and the district officers are elected for the year ending 
at the annual meeting, when their terms of office expire 
unless continued by special statute, the commissioner 
must decide that the legal school year begins on the first 
of May annually, or by section 26, in cases there pro- 
vided for, at the time of the annual district meeting, 
and in the absence of all proof of any specific vote 
of the district, or of any specific agreement between 
the trustees and Mr. Willard, that the contract for 
salary was from the time of the annual meeting held 
on May 29th, 1855 ; and that the payment of two 
mouths' salary after that time was a virtual renewal 
of the agreement for another year, and should so be 
held in common justice and honesty, unless, for 
reasons good and sufficient, the school committee of 
the town should dismiss him, as they have a right to 
do under the 56th section of the school law. 

As to the general power claimed by the trustees to 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 115 

reduce a teacher's wages, or in the alternative to dis- 
miss him from their scliool, and that on a very brief 
notice, it should be remarked, that the school law num- 
ifestly intends that the State shall have some charge 
of all the schools which it in part supports. It there- 
fore very properly forbids trustees to hire as teachers 
persons who do not possess certain moral and literary 
qualifications — and even those who possess these in 
an undoubted degree, unless they hold or can obtain 
a certificate in the required form and signed by the 
proper authorities. The law aims to prevent trustees 
from retaining a teacher who neglects his duty, and 
provides that the school committee may dismiss such 
an one. All these guards seem to be reared in order 
to prevent the trustees of a school district from doing 
two things which would necessarily tend to destroy or 
degrade their school ; f ronx employing the immoral or 
incompetent, and thus poisoning or stinting the morals 
and the minds of the children, and from hastily dis- 
missing the worthy teacher by reason of any private 
or personal pique, or in consequence of some tempo- 
rary excitement. And as the State furnishes a por- 
tion of the money which supports the public school of 
every district, and gives that district all the right it 
has to exist, and to collect taxes for the further sup- 
port of its schools, it is but proper that it should step 
in by its officers and prevent the trustees from injuring 
the-school, or from suddenly discharging or reducing 
the compensation of a teacher against whom no defi- 
ciencies are alleged. It is believed that such powers 
as are claimed would materially injure any school, and 
that under the school law they are not conferred upon 

the trustees. 

1,S55 R. Allyn, C. p. S. 



116 SCHOOL MANUAL. 



DECISION No. 47. 

Case of Philij) B. Stiness, Jr., vs, J. H. WiUard, 
Clerl- of ScJwol Committee, Xorth Providence. 

1. Teachers cannot hold over end I 2. Clerk has no authority to per- 
form of his own motion acts 
that are discretionary with the 
committee. 



of school year without agree- 
ment to that effect, special or 
implied. 



The commissioner's opinion upon the first point 
whether these teachers, employed as they must have 
been on a new term commencing within one of the 
months fixed for the annual meeting — say April 
28th — were legally employed, is, that these teachers 
were not legally employed. The time of the annual 
spring vacation in these schools comes within the 
month of April, a mouth in which the annual meet- 
ing of the district may occur. This must be reckoned 
the end of their year, unless by special or implied 
agreement. There was a vacation, and the trustees, 
or the school committee, are the only authority to reg- 
ulate the length of that vacation, and consequently 
one or the other of these bodies must fix the beginning 
of the term after that vacation. The trustees could 
not have done that legally, for the}' had no legal meet- 
ing during the time from March till May 27th, or about 
that time. And the school committee did not fix the 
time of commencing these schools. The teachers must, 
therefore, be considered as having begun the schools 
of their own motion, and they were, therefore, not 
legally employed in such sense as to be entitled to or- 
ders on the town treasury for teachers' money for their 
wages. It may here be remarked, that as the time 
from April 28th to May 31st was only a small portion 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 117 

of the summer term, there was ample time for an elec- 
tion of trustees l)y the district, and the adoption of 
these schools both by these trustees and the school 
committee, but at the time of ordering these bills they 
liad hot thus been adopted. 

As to the second point, whether the clerk could 
legally order bills of this kind, the commissioner is 
clearly of opinion, in accordance with a decision of 
the late commissioner, Hon. E. R. Potter, that the 
clerk has no power whatever to do any act that is dis- 
cretionary with the committee to do or not to do. It 
is a well settled principle that such a body as a school 
committee cannot delegate to any one of its servants 
any discretionary power. It may, and indeed will, 
often find it necessary to delegate ministerial powers, 
but it cannot go further than this in its acts of dele- 
gation. As these bills were under protest, and as it 
lay wholly in the discretion of the school committee to 
receive the schools and visit them and allow the teach- 
ers their bills for wages, in short, to make them legal, 
it must be held that any act of the clerk which would 
attempt to forestall the action of the committee in re- 
gard to that protest would be illegal and void. 

R. Allyn, C. p. S. 

185G. 



118 SCHOOL MANUAL. 



DECISION No. 48. 
School District No. 8, West Greenwich. 

1. Districts have no power to hire I 2. District trustees must act as a 
teachers bj' vote. > board. 

The commissioner decides that a district, at a meet- 
ing of its voters, has no power to liire a teacher even 
if the meeting is legally called, and such an item is 
inserted in the warrant. In sections 33-36, inclusive, 
of the act relating to public schools, which enumerate 
the powers of districts, no mention is made of the 
"power to employ" teachers; but, on the contrary, 
section 40, specially confers upon the trustees that 
power, and it is made "their duty" "to employ one 
or more qualified teachers for every fifty scholars in 
average daily attendance." It is, therefore, the plain 
duty of the trustees to employ all teachers, and a 
meeting of the voters of a district could only be ad- 
visory. 

As to the mode in which the trustees shall discharge 
their duty, it ought to be a rule never to be departed 
from, that when the district appoints three trustees, 
as it may, the three should meet and confer upon all 
questions relating to their official duty. Many of their 
duties are deliberative, and, therefore, cannot be del- 
egated to, or assumed by, any one of their number ; 
such as making contracts with teachers, or for repairs 
or fuel and preparing tax lists ; and these things, of 
course, require a meeting of the three, or at least of a 
majority after due notice given to the absent minority. 
And it is highly improper, that any single one should, 
in any duty not strictly ministerial and prescribed to 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 119 



him l)y vote of the body at a meetiiio-, act with the 
expectation that his coUeagues will ratify what he shall 
have done. 

The mode of notifying meetings of trustees is not 
specified by law, and is therefore left to be a matter of 
common agreement among them. Generally, as they 
are near each other, a ver])al notice from the chair- 
man, will be sufficient. 

R. Allyx, C. p. S. 
I80G. 

Approved. G. A. Braytok. A. J. 8. C. 



DECISION No. 4*J. 

If a district vote to build or repair a school-house, 
and appoint a building committee for that purpose, 
and the building committee be empowered by general 
terms as ' ' to build " or " repair ' ' as distinguished 
from merely contracting for the same, that is, be 
armed with general powers to carr}' through the pro- 
ject of the district, such powers would include as 
incidental, the power to give orders on the district 
treasurer for the payment of those employed by them.' 

If, however, the power of the committee be so re- 
stricted by the form of the vote as to exclude, or not 
naturally to include this power, then it belongs to the 
trustees of the district, in whoiu is the general custody, 
in the sense of care, of the property of the district, and 
who are expressly armed with, all powers necessary to 
carry out the powers and duties of the district. 

8. Ames, C. J. 8. C. 

1858. 



120 SCHOOL MANUAL. 



DECISION No. 50. 
Scliool District No. 2, Cranston. 

If a district elect one trustee at annual meeting, they cannot at a subsequent 
meeting elect two more. 

My decision is that the vote and proceedings of the 
district at their meeting held May 7, 1859, are void. 

At the annual meeting, the district could elect one 
trustee or three trustees, as they might decide. They 
decided to elect and did elect but one, — Mr. Richard- 
son. There was thus an election at the annual meet- 
ing, and the trusteeship of the district was full, accord- 
ing to the authorized decision of the district. There 
was, therefore, no election of trustees to be made at 
any subsequent meeting. 

As no vacancy in .the office has occurred from any 
of the causes named in Chap. 61, Sect. 5, of the Re- 
vised Statutes, there was none for the district to fill, at 
their adjourned meeting of May 7, 1859. 

Mr. Richardson is, therefore, the sole trustee of 
school district No. 2 of the town of Cranston, for the 
year ensuing his election. 

S. Ames, C. J. S. C. 

1859. 



DECISION No. 51. 

School District No. I, Barrington. 

A school-house may be occupied for a singing school, when such occupa- 
tion does not interfere with the ordinary school, without the consent, or 
even against the vote, of the district. 

The question at issue is manifestly without the juris- 
diction of the district, and has already been decided 



DKCISIOXS RELATING TO PUBLIC INSTRUCTION. 121 

upon l)y the proper tribunal, viz : by the commissiouer 
of pulilie schools, approved by tlie Chief Justice of 
the Supreme Court. 

With regard to the instance cited in said appeal, the 
use of the house for a singing school, as a violation 
of such decision, I am of opinion that the use of said 
house for such instruction is perfectly legitimate " to 
purposes connected with public instruction." 

Instruction in vocal music is a part of our system 
of public education, and is so reeognizj^d and paid for 
by the city of Providence out of the " teacher's 
money," and is recognized and employed as an impor- 
tant element of education in nearly all the rural dis- 
tricts of our commonwealth. Many of our school 
committees insist upon its introduction into the public 
schools, and nearly all the school reports which reach 
the office are emphatic in its recommendation. And 
certainly if the younger children may be instructed in 
vocal music in the public school-house, and this too 
during school hours, there can be no legal objection 
why their older brothers and sisters and friends may 
not receive such instruction at the same place out of 
school hours. 

Nor is the fact that the teacher receives pecuniary 
compensation from his pupils pertinent to the ques- 
tion ; for to allow it to be so would be to question the 
legal use of school-houses for public schools, many of 
the sessions of which are prolonged ])y private sub- 
scriptions, and are of course kept, in the same sense 
in which the one is kept to which reference is made, by 
' ' private ' ' individuals. 

The manner in which any teacher is paid, or whether 
his services are gratuitous, does not affect the question 
11 



122 



SCHOOL MANUAL. 



in jHUUt. Moroovor. such :i logitiiuate uso of tlio 
t>i'luH>l-hou80 would not requiro •* tho oonornl oonsoiit 
of tlio tnx-payiui>: votevts,"" said "pvivato iiulividual" 
having pormission \'ov oiH'iipaiu'y from the trustoos of 
said district, in wlioni tho law places tho custody of 
the school-house. 

,1. B. CuAviN. c\ r. S. 



18lU). 

Approved. 



S. Amv.s. C. ,1. vS. C. 



>;oo l^ocision No. 'J, Paaro (>".>. 
Soo l">ooi!>iou No. S, 1\»>{0 TO. 
8oo l>ivision No. 10, l*;(ite SO. 
8eo l'>ooision No. "JS, Ta^^o M, 



DECISIONS RKLATIN6 TO PUBLIC INSTBUCTION. 123 



POWERS AND Duties of School Committee and 
Apportionment and Uses of School Money. 



DECISION No. -f-I. 
School District Xo. .v, (JiriiiMrhind. 

1. .School teacher without a certiH- 2. Xo particular rnodft of notifying 
cat« cannot flraw " teachero' rneetlnt^ti of the nchool corn- 

nrjoney." rnittee. 

iHt. No teacher can, under any circurnHtances, be 
entitled to demand any portion of the public money 
unless he has a certificate of qualification valid at the 
time he keeps the school, 

2d. Although the committee may provide by by- 
law a mode of calling meetings of their bfxly, such 
by-law would not exclude any other mode of calling 
meetings ; and if a quorum be present, anfl all those 
who are capable of attending have had reasonable no- 
tice, and there is no charge of any unfair or improper 
proceedings, the meeting will be held to be a legal one ; 
the committee being a body appointed by law for the 
performance of a trust, and the law itself prescribing 
no particular mode of calling such meeting. 

E. K. IVrTKK, C. P. S. 

1849. 

Approved. K. W. Greene, C. J. S. C. 



124 SCHOOL MANUAL. 



DECISION No. 53. 

The town has a right to dirent how the money it 
raises shall be divided, and the committee mast ap- 
portion it accoi'dingly, bnt the town can give no order 
for the payment of an}^ portion of it. Towns can 
make special appropriations to aid districts, but it 
cannot be done out of the school money, either State 
or raised by the town under the school law. 

E. R. Potter, C. P. S. 

1850. 



DECISION No. 54. 

School District No. 5, North Providence. 

A school district ought not to be divided when it can conveniently establish 
a graded school. 

I am of opinion that that portion of the proviso 
contained in Sect. 4, par. 1, of the school act, respect- 
ing the grading of schools, is to be construed as lay- 
ing down a principle for the regulation of the discretion 
of the committee. It is not definite and positive in its 
terms, and cannot be made so from the nature of the 
case. Each case must depend upon its own circum- 
stances. But before acting in such a case the com- 
mittee should enquire and adjudge that each district 
will have the required number of scholars, and that 
the schools cannot conveniently be graded. 

In regard to the facts of the case, taking all the cir- 
cumstances together, and with the probability that the 
population of the north part of the district from its 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 125 



viciuit}' to the city must be coustantly increasing, and 
that, therefore, the district presents a favorable oppor- 
tunity of carrying out, sooner or later, the apparent 
intention of the proviso, I am of opinion that the dis- 
trict should not be divided, and the decision of the 
committee is therefore reversed. 

E. R. Potter, C. P. S. 

I hereby approve of the decision of the commis- 
sioner. 

R. W. Greene, C. J. 8. C. 

1851. 



DECISION No. 55. 



The school committee are the proper authority to 
dismiss a teacher who does not give satisfaction. 

E. R. Potter, C. P. 8. 
1852. 

Approved. R. Allvn, C. P. 8. 

1855. 

Approved. J. B. C'hapin, C. P. 8. 

18G1. 



DECISION No. 5G. 
School District Xo. 3, North Providence. 



1. School committee may limit their 
certificates, but general certifi- 
cates must be construed to their 
plain purport. 



Scliool committee cannot dele- 
gate the power to annul a 
teacher's certificate. 



On consideration I adhere to the decision formerly 
made upon this point, that although the committee 



126 SCHOOL MANUAL. 



have the power to limit their certificates to particular 
schools, yet if they see fit to give a certificate of gen- 
eral qualification, it must be construed according to 
its plain purport, and to allow the written certificate 
to be contradicted or varied by any understanding not 
expressed on the face of the certificate itself would 
be a dangerous practice, leading to continual misun- 
derstanding and litigation. 

The power of annulling certificates is an important 
one. It gives the committee control over the teacher, 
it authorizes them to pronounce a judgment against 
him for unfitness or misconduct, which may have the 
effect of ruining him in his profession, and of injur- 
ing materially his prospects for general success in life. 
If the construction was doubtful, these considerations 
would incline me to lean against the right claimed for 
the committee to delegate this power. But the con- 
struction appears to me to be plainly, that the com- 
mittee have not the right to delegate. 

And if the sub-committee had not the power to 
annul the certificate, the subsequent recognition of it 
by the committee would not render it valid. 

E. R. Potter, C. P. S. 

1852. 



DECISION No. 57. 
School District No. 5, JSforth Providence. 



1. School committee may not com- 

pel a gradatiou of schools. 

2. School committee have power to 

limit and explain their certili- 
cates. 



3. School committee cannot dele- 

gate its general powers. 

4. Committee have power to annul 

certificate for good cause. 



1st. The school committee may promote by ad- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 127 

vice and recommendation, but have no power to com- 
pel, a gradation of schools by a district. 

2d. The committee have the power to limit and 
explain their certificates. To construe the law to 
require perfection in the l)ranches named in section o4, 
would be unreasonable, and, indeed, it is impossible to 
make a perfectly definite standard. If so, there is no 
reason why the certificate should not express the de- 
gree of qualification. 

3d. The committee cannot delegate their gen- 
eral powers. The powers of visiting schools and 
examining teacliers they are specially authorized to 
delegate.* There can be no objection, also, to a 
committee authorizing its oflHcers to draw orders for 
payment of bills, upon the performance of certain 
conditions, as on making a return, etc. But to dele- 
gate a power, which is supposed to imply the exercise 
of a discretion in the committee, seems contrary to the 
intention of the law in giving such power to the com- 
mittee. 

■4th. The committee have the undoubted right to 
annul a certificate, or dismiss a teacher, for good 
cause. No particular form is necessary for doing 
this. But the trustee should be plainly informed that 
the certificate is annulled, or the teacher dismissed. 
And the teacher should be notified, that he may have 
a chance to defend himself. 

E. R. Potter, C. P. S. 

1852. 

*By the school law of 1839, the committee were expressly authorized to 
delegate all their powers, and the practice was productive of great evil. 



128 SCHOOL MANUAL. 



DECISION No. 58. 
Appeal from School Committee of North Khigstown. 

Scholars cannot be compelled to make liree for school-houses by cither trus- 
tee or school committee. 

The regulation No. 20, adopted by the school eom- 
mittee October 25, 1852, is iii these words: "The 
trustee or trustees of each district, with the teacher, 
inny cause the fires to be made iu the school-house, by 
directiug the scholars of a suitable age to take turns 
in making the tires, or procure them to be made in any 
other way they may think proper." 

In a private school the teacher has a right to pre- 
scribe his own terms. Tlie parent Avho sends cliildren 
to the school delegates to the teacher the right to 
govern them according to his own rules, and to punish 
to a reasonable extent for the violation of them. The 
remedy of the parent, if he does not like the school or 
its regulations, is in not sending to it. 

Before the establishment of a public school system, 
all our schools were of this character. The practice 
of requiring scholars to perform services of this sort- 
was generally adopted in the country schools, and in 
many of them has continued to this day. It remains 
to inquire what alteration the establishing of public 
schools by law, supported by the common funds and 
property of the State, has made in the rights of the 
parties in this respect. 

To a public school every parent has a legal right to 
send his children. He sends them subject to the law- 
ful authority of the teacher, and to the lawful regula- 
tions which may be prescribed for the discipline and 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 129 

studies of the school, but he has a lijrlit to insist that 
no reguhitions be luade which the law does not 
authorize. 

The right claimed, if it exists at all. must be de- 
rived from the general power of the committee to make 
regulations, or from the authority given to districts 
and trustees to make assessments on scholars and 
their i)arents. (Sec. o'>.) The latter, however, it is 
very evident, contemi>lates only assessments to be 
paid in money and not labor. 

The power of the committee to make regulations is 
given Vjy section 1, which authorizes them "to make 
and cause to be i)Ut up in each school-house, or fur- 
nished to each teacher, a general system of rules and 
regulations for the admission and attendance of pupils, 
the classification, studies, books, discipline, and 
method of instruction in the public schools." 

It seems h) me very jjlain that the power to make a 
regulation of the character of the one in question is 
not given in this paragraph. We might as well infer 
a right to require the scholars to cut and saw the wood. 
And as I can find no other authority for it in the law, 
it must be considered as unauthorized by law, and ac- 
cordiiiirly null and void. 

E. R. Potter. C. P. 8. 

1853. 



DECISION No. rj>). 
School District No. S. West Greenwich. 

School committee liave power to so divide town money as to equalize the 
amounts among the several districts. 

In reference to the petition which asks that the com- 



130 SCHOOL MANUAL. 



missiouer would reverse the act of the committee of said 
town dividing the public school money equally among 
all the districts of the town, the commissioner decides 
that he can afford no relief. The general school law 
does indeed expressly state, that the one-half of the 
money given from the general treasury for public 
schools in any town shall be divided in proportion to 
the average attendance of scholars in the several 
schools of the town ; and the other half equally among 
the several districts. But it does not specify the man- 
ner in which a town may divide the money raised by 
its own vote, and that arising from the payment of 
registry and military taxes. It was given as the 
opinion of the late commissioner, Hon. E. R. Potter, 
that towns are at liberty to divide this according to 
their own pleasure, so that they use it judiciously for 
the good of their schools. It may follow, therefore, 
that a town may so divide its own money, and registry 
and military taxes, as to make up the inequalities in 
the sums payable to its several districts, that would 
arise from the legal division of the State's money. 
And as the usage is of long standing thus to equalize 
the portions of public money paid to the several dis- 
tricts in West Greenwich, the commissioner sees no 
reason to disturb it, and feels that he has no authority 
so to do. 

R. Allyn, C. p. S. 

1856. 

Approved. G. A. Brayton, A. J. S. C. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 131 



i)p:cision No. go. 

Johh II. Willard vs. iSchool Committee of North Prov- 
idence. 

1. Klfctioii of chairman and clerk 2. School committee cannot vacate 
necessary to the legal organiza- the office of clerk but by hear- 

tion of a school committee. i inj; and for cause. 

Has tlie school committee a right, after having made 
an election of a clerk, — an officer created by the school 
law and necessary to the organization and legal action 
of the committee, — to remove that clerk, unless by 
charges and trial, after notice, for misdemeanor before 
the expiration of the term of their office ? 

I am of oi)iniou that the school law, (see sections 
and 10,) makes the election of a chairman and clerk 
necessar}' to a legal organization of the committee, 
and the law nowhere gives to the committee any power 
whatever to remove its officers. This removal can 
therefore only be made for cause, and in the same man- 
ner as any other officer elected for a specified time could 
be removed. This must be by trial, and after notice. 

With this view, a decision of the late commissioner, 
Hon. E. R. Potter, accords. That was in regard to a 
district trustee, an officer of no more responsibility 
than a clerk of the school committee, and was to the 
effect that '•'an election once made could not l»e re- 
scinded, and that he, the trustee, could only be re- 
moved after notice and a hearing." 

My decision, therefore, is, that said vote, passed as 
it was without previous notice and opportunity given 
for hearing and trial, is void. 

1857. K. Allvn, C. P. S. 

Approved. S. Ames, C. J. 8. C. 



132 SCHOOL MANUAL. 



DECISION No. 61. 

John H. Willard vs. School Committee of Nortli Prov- 
idence. 

A clerk of a school committee may be removed from office for cause, after 
notice and hearing. 

Mr. Willard iu his argument contends that no power 
is given in the school laws to the committee to remove 
a clerk, and that such an officer can be removed only 
b}^ impeachment ; but section sixty-five of the law, to 
which reference is made, speaks of penalties for the 
non-performance or mal-performance of duties hy 
school officers, and does not mention removal from 
office. There is a wide difference between removal 
from office, and punishment inflicted for willful crime 
in office. As removal is not mentioned iu the law, 
this must, when deemed necessarj^ be done in accord- 
ance with common law. A decision was made by the 
late commissioner, Hon. E. E. Potter, in relation to 
the removal of trustees, in which he saj^s, "They can 
only be removed after notice and trial for cause ; " 
and this implies that these and other school officers 
can be removed, by the bodies appointing them, after 
such notice and trial, for cause. An opinion given 
by Chief Justice Ames on January 31, 1857, is to the 
purport that a clerk of a school committee can be law- 
full}' removed for good cause, after notice and trial. 
Another opinion, given by the same judge in case of 
Smith, asking a rehearing before the commissioner, 
implies that the evident design of the school law was 
to relieve the courts from litigation in the small mat- 
ters that may concern the public schools, and to pro- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 133 

vide tribunals, cheap, accessible, and speedy, for the 
redress of wrong or injury in such cases. But if a 
school committee must be compelled to go before a 
court of law for redress, in case of every refractor}' 
clerk or other officer elected by them, for the sole pur- 
pose of giving expression to, or of recording their 
doings, this very laudable object of the law will be 
entirely defeated. This seems entirely contrary to 
the whole spirit of the law, and is believed to be con- 
trary to usage also. 

It is therefore held, that the committee have power 
to remove their clerk, after sufficient notice of their 
intention, and opportunity for trial and defence. 
That the appellant had such notice and made defence 
was fully proved. The appellant asks that the facts 
may be laid before Hon. Chief Justice Ames for his 
opinion thereon. 

It then only remains to consider whether the causes 
alleged for removal, as above recited, were true and 
sufficient to waiTant the action of the committee. And 
the commissioner decides that in his opinion they were 
fully proved to be true, as above stated, and that they 
were also sufficient to warrant the removal. 

R. Allyn, C. p. S. 

1857. 

I fully concur in the above opinion. 

S. Ames, C. J. S. C. 



DECISION No. 62. 



A single estate may not be taken from one town to 
be united with a district in another town for the pur- 



134 SCHOOL MANUAL. 

pose of formiug a joiut district, especially when other 
estates are as favorably situated for the same purpose. 

J. Kingsbury, C. P. S. 

1857. 



DECISION No. 63. 



A formal recorded vote is not necessary to the loca- 
tion of a school-house. 

S. 4mes, C. J. S. C. 
1859. 



DECISION No. 64. 

Town money can be used for incidental expenses. 
J. B. Chapin, C. p. S. 

1860. 



DECISION No. 65. 



The power to expel a pupil from school is in the 

hands of the committee. 

J. B. CiiAPiN, C. p. S. 

1864. 



DECISION No. 66. 

Imac M. Bull et al. vs. /School Committee of the Toitm 
of Woonsocket. 

1. Thy power to originally lay out I 2. School committee have tlie power 
or form school districts is vested j to discontinue one district, 

in the school committee. even against its will, and join 

it to another. 



This is an appeal li}" a numlier of persons, styling 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 135 



themselves "residents, tax-payers and voters in the 
10th school district of Woonsocket," to the commis- 
sioner of i)ul)lic schools, from the decision and doings 
of the school committee of Woonsocket, the effect of 
which was to discontinue district No. 10 and to enlarge 
No. 9, so as to include the territory previously within 
No. 10. 

The commissioner of public schools lays before us 
a statement of the facts of the case, agreed to both 
])y the appellants and appellees, for our decision. 
These facts are: "1. The three villages of Globe, 
Bernon and Hamlet were originally parts of the town 
of Sraithfield, and were each organized as independent 
school districts. 2. AVhen these districts were set off 
from Smithfield and annexed to Woonsocket, they re- 
tained their original district organization, suffering no 
change except that of name, the Globe District hence- 
forth 1)eing known as No. 8, Bernon as No. 9, and 
Hamlet as No. 10. 3. At a legal meeting of the 
school committee of Woonsocket held .Tune G, 1873, 
it was voted, that district No. 10 at Hamlet be and it 
is discontinued ; also that the boundaries of district 
No. 9 be established so as to include what formerly 
belonged to both Nos. 9 and 10." 

The question raised upon these facts by the appeal 
is, did the school committee have power to discontinue 
district No. 10 and to alter the Ijoundaries of district 
No. 9 so as to include the territory previously within 
No. 10, the voters in these districts having never voted 
to consolidate them ? 

Section 3, chapter 53, of the General Statutes pro- 
vides, that "The school committee may alter and 
discontinue school districts, and shall settle their 



13G SCHOOL MANUAL. 



bouudaries when undeflued or disputed ; but no new 
district shall be formed with less than forty children 
between the ages of four and sixteen, unless with the 
approbation of the commissioner of public schools." 
The school committee rely upon this section as author- 
ity for their action. It certainly seems sufficient. 

The appellants, however, contend that such a con- 
struction of the section above quoted is inconsistent 
with other provisions of the statutes relating to public 
schools. Thej' refer to section 2, chapter 47, of the 
General Statutes : "Of the powers and duties of 
towns .... relative to public schools," which 
is, "Any town may be divided by a vote thereof into 
school districts," and argue that under the construc- 
tion claimed, it would be possible for a school com- 
mittee to nullify the action of the voters of a town. 
The}^ also refer to section 5, chapter 50, of the 
General Statutes. "Of joint school districts," by 
which "any two or more adjoining school districts 
in the same town may by concurrent vote, with the 
approbation of the school committee, unite and be 
consolidated into one district, for the purpose of sup- 
porting public schools, and such consolidated district 
shall have all the powers of a single district," and 
contend that the construction claimed renders this sec- 
tion practically useless, since if a school committee 
may first discontinue a district and then enlarge an 
adjoining district so as to include the one discontin- 
ued, a consolidation of the two may be affected by 
the action of the school committee alone, ivithout the 
concurrent votes of the districts; and a result may thus 
be accomplished indirectly in a manner different from 
that provided for accomplishing the same result directly. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 137 

TIk' nppi'Uants also refer to (•liai)ter 48, of the (ieii- 
eral Statutes, ''Of the powers of school districts," 
by wliicli school districts are made l)odies corporate 
and vested Avith certain jtowers necessary for the dis- 
charo'e of their duties. 

The ai)pellants assert that section 3, cliapter 53, of 
the General Statutes should l)e so construed as to har- 
monize with these several sections to which they refer, 
and suii'tiest that all the General Assembly intended 
was, that school committees should alter and establish 
the boundaries of school districts when undefined or 
disi)uted, and form new districts from parts of dis- 
tricts, when from any cause it should become desirable 
to sub-divide existing districts, and should only wdiolly 
discontinue or abolish a district with its consent. 

Doul)tless all these provisions of the statutes are to 
be so construed as to make them consistent and to 
give effect to all. But is the construction claimed for 
section 3, chapter 53, really inconsistent with the 
proper construction of the other sections of the stat- 
utes to which our attention has been directed? We 
think not. 

The language of tlie tirst of these — section 2, chap- 
ter 47 — is, "Any town man he (J/ri'fJed, by a vote 
thereof, into school districts." This may mean either 
that the town may divide itself by its vote, or that it 
may be divided, if it shall so vote. We think, that 
the true construction is the latter. When a town has 
voted that it be divided into school districts its power 
has ceased. It then becomes the duty of the school 
committee to lay off the districts and define their lim- 
its, the only limitation upon their power being, that 
"no new district shall be formed with less than forty 



138 SCHOOL MANUAL. 



children between the ages of four and sixteen, unless 
with the approbation of the commissioner .of public 
schools." It is true that in the present statute no ex- 
press authority is given to school committees to form 
districts, but we think it is necessarily implied by the 
language of this limitation. Some of the obvious 
reasons for this construction of section 2, chapter 47, 
are, — 

1. The form of the expression is the passive '•'•may 
he divided.''^ 

2. If the other construction be adopted, there is 
no limitation upon the power of towns in the forma- 
tion of districts as to the number of children which 
such districts shall contain. 

3. The districts can be laid off and their limits de- 
fined much more intelligently by a body like a school 
committee than by a town. 

4. Our construction is more consonant with the 
policy of the school laws, which vest the ultimate con- 
trol and direction of school affairs, subject to appeal 
to the commissioner of public schools, in the school 
committees. 

A review of the legislation upon the subject of 
forming school districts confirms the construction 
which we have adopted. 

The second provision of the statutes to which the 
appellants have directed our attention as inconsistent 
with the construction claimed for section 3, chapter 
53, is section 5, chapter 50. The purpose of this lat- 
ter section was to enable adjoining districts in the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 139 

same town, where the compactness and number of the 
population woukl warrant, to unite for the purpose of 
maintaining public schools, — the advantages of which 
are too apparent to be dwelt upon, — and as an induce- 
ment to so unite, section 6 provides, that such consol- 
idated district shall be entitled to receive the same 
proportion of public money as the districts composing 
it would receive if not united ; but they are not per- 
mitted to unite, except with the approbation of the 
school committee, or, on appeal, of the commissioner 
of public schools. We do not think that this power 
of voluntary consolidation conferred upon adjoining 
districts was intended to prevent the school commit- 
tees from consolidating two or more districts, if in 
their opinion the interests of the schools or the judi- 
cious use of the public money required it, even though 
it should be against the wishes of the districts. The 
right of appeal to the commissioner of public schools 
would restrain and afford a remedy against the arbi- 
trary exercise of such power by a school committee. 

The third ground of objection urged by the appel- 
lants to the construction of section 3, chapter 53, 
claimed by the appellees is that under that construc- 
tion school committees have power to discontinue 
school districts without their consent. We do not 
deem this a valid objection. 

By the school laws of Massachusetts, chapter 23, 
section 24, of the Revised Statutes as construed in 
Richards v. Daggett, 4 Mass. 534, and AUen v. School 
District No. 2 in JVestport, 15 Pick. 35, towns had 
power, from time to time, to form new districts and 
to divide or alter the limits of old ones. School 
districts were also corporations, with powers similar 



140 SCHOOL MANUAL. 



to those of our own. lu School District JSfo. 1 in 
Stonehctm v. Bicharclson, 23 Pick. 62, Mortou, J., in 
the opinion of the court, says ; "But school districts 
are corporations not only very limited in their powers, 
but also of precarious existence. They may not only 
be varied and modified in the extent of their territo- 
rial limits, but also annihilated by a body over which 
they have no control." Again, on page 69, he says: 
' ^ The power of towns to form new districts at their 
discretion necessarily implies the power of abolishing 
the old ones. And as these corporations are brought 
into existence without the volition of their members, 
embracing every one within their limits, nolens volens, 
so they may be abolished without the consent and 
against the wish of all the members." 

"We think the school committee were authorized to 
take the action appealed from, and that the appeal 
should be dismissed. 

C. Matteson, a. J. S. C. 

1875. 



DECISION No. 67. 



Nathan T. Verry vs. School Committee of the Town of 
Woonsocket. 

For general laws to modify special laws aftecting particular towns, the mod- 
ifying intention of the legislature must be clear. 

The town council of Woousocket, June 12, 1878, 
elected Mr. Verry superintendent of public schools. 
Afterwards the school committee claimed the right to 
elect the superintendent, and June 24, 1878, elected Mr. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 141 

White. From this vote Mr. Verry appealed to one of 
the justices of the Supreme Court. 

On account of the importance of the (juestion in- 
volved, the case was, by request of the justice to 
whom it was presented, heard liefore the full court 
and argued by counsel. 

By the act incorporating Woonsocket, Pub. Laws, 
cap. GGO, January 31, 1867, it is provided that the 
council shall elect so many town otticers as by the laws 
of the State are or shall l)e required, excepting only a 
few whose election had been before provided for in 
the act. It seems to have been the intention of the 
act to vest in the council, with these exceptions, all 
the powers of the town in regard to those matters. 

The election of su[)erintendent of schools has been 
at several times regulated by general law. See Re- 
vised Stat. 11. I. cap. 60, § 5 ; Pub. Laws, cap. 923, 
March 24, 1871. And by Gen. Stat. R. I. cap. 47, 
§ o, now in force, any town may elect, and if it fails, 
the committee shall elect one. It is compulsory that 
the town shall have a superintendent, but the com- 
mittee are to elect if the town does not. 

By Gen. Stat. R. I. cap. 31, § 8, it was enacted 
that ' ' every town . . . shall have and exercise 
all the powers and privileges . . . conferred 
upon it by its charter or by the several acts of the 
General Assembly specially relating to it, until the 
same shall expire l)y their own limitation or shall be 
revoked or repealed." 

The present case involves the question how far 
special laws affecting particular towns are to be 
deemed to be repealed or altered by general laws, 
without express mention. 



142 SCHOOL MANUAL. 



Sneh cases are not without their difficulties ; but 
while the power of the legislature is uudoubted, the iu- 
teution should be plain. It is obvious that if the leg- 
islature should grant to a town a right to do some 
particular thing, and should afterward enact by gen- 
eral law that no town should do it, there would be no 
doubt as to the construction. See cases in Dillon 
Municip. Corp. §54, 2d ed. ; Sedgwick Stat. & Cou- 
stit. Law, 2d ed. 99. 

In the present case, under the special act, the 
powers of the town as a corporation in this respect 
were to be exercised, not in town meeting, but in 
town council, and the general law merely enacts that 
if the town, which does not necessarily imply town 
meeting, fails to elect, the school committee should 
elect. On this view there is really no repugnance be- 
tween the general and special acts. 

The town here did through its council elect, and the 
election l)y the school connnitteo was therefore illegal, 
and this vote must be reversed. 

As there is nothing in any of the special acts to 
which our attention has been called prescribing the 
number or mode of classifying the committee, there 
can, of course, be no question but that these subjects 
must be regulated by the General Statutes of the 
State. 

E. R. Potter, A. J. S. C. 

1879. 



DECISIONS RFILATING TO PUBLIC INSTRUCTION. 143 



DECISION No. 68. 



Usefi of the Public Money. 



1. rublic. money tiiiiy he iiHed for 
current expeiiBt-H of tliu 
bcIiooIh. 



riililic money cannot be used 
for re|)!iirH or fixtures to Hcliool- 

lioiineH. 



As to the law concerninf^ the uses which may be 
made of the money raised by tlie town for school pur- 
poses, tliere is no section or clause which spccilically 
sets forth such uses. A careful comparison however, 
of two or three different sections of the law will at 
once convince one of the fact that the law nuikes a 
broad distinction between the "support of schools" 
and the " providing of school-houses, etc." See sec- 
tions 1 and 8 of Chap. 50 and sections 3 and 4 Chap. 
51 of the Public Statutes. 

But lest there might be some (juestion, we have had 
at least two decisions from the highest authority, 
covering this i)oint. 

In 1851, Judge Potter, then commissioner of jniblic 
schools, decided that no portion of the school money, 
either State, or raised by town tax for the "sup[)ort of 
schools," could be used for the building, furnishing 
or repairing of school-houses where the district sys- 
tem prevailed. 

In 1858, John Kingslniiy, ('(jminissioiier, wrote as 
follows : "After consulting Chief Justice Ames I 
must decide that the phrase ' other expenses ' in Chap. 
04, Sect. !J, Revised School Laws, applies to exi)enses 
for things similar to bcjoks, fuel, etc. and which do 
not come under the name of lixtnres. 1 must there- 
fore further decide that window curtains are fixtures." 



144 



SCHOOL MANUAL. 



If reference is made to the law above quoted 
it will be found to refer to the old rate-bill and the 
uses to be made of the proceeds thereof. Now since 
the increased appropriation for the support of schools 
which the towns were obliged to make when the rate- 
bill was abolished, was clearly intended to supplj' the 
deficiency created by the absence of the rate bill, it is 
equally clear that the purpose for which this increased 
appropriation was designed must be identical with 
those for which the former fund was raised. 

In a word it has always been held, whenever the 
question has been raised, that in any town where the 
property was owned by the districts, that no part of 
the appropriation for the support of schools could be 
used in payment for such district property or any part 
thereof. 

T. B. Stockwell, C. P. S. 

1880. 



DECISION No. 69. 



/School District JSfo. 3, South Kingstoicn. 



1. The motive or reason which i 3. The location of a school-house 



prompts a gift of land or money 
to a district not a subject of in- 
quiry or appeal. 
A gift of land or money to a dis- 
trict not contrary to law. 



adjacent to one's territory not 
a grievance within the view of 
the law. 



In the appeal case of C. "VV. Wilcox from the ac- 
tion of the school committee of South Kingstown 
whereby they fixed a new location for a school-house in 
district No. 3 of said town, the following is a state- 
ment of the main facts. After several meetings of 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 145 



tlie district for the i)uri)ose of considering the ques- 
tion of re]>airing the old house and 1)uilding a new 
one, at a meeting held September 5th, an offer was re- 
ceived from "VV. H. Potter to give the district $500, if 
they would use it to buy a lot, called the Hazard lot, 
al)Out fifty rods farther north on the same road as the 
old site. His offer was accepted and the district by a 
vote of 25 to 10 decided to take that lot and build a 
new house. The action of the district was reported 
to the school committee, who met, examined all the 
sites proposed, heard all parties interested, and finally 
voted unanimousl}' to locate the new house on the 
Hazard lot. 

The appellant I'esists the location of the school-house 
on the new lot because it abuts directly upon his i)rem- 
ises and he regards the school-house so near him 
as an injury, and its location there will entail ex- 
pense upon him. He also claims, in common with 
some others, that sufficient reasons do not exist for a 
change of site, and that, even if they did exist, the 
proposed site is not a suitable one. 

During the hearing the appellant offered evidence 
as to the character of the motive or purpose which 
l)rompted ^Ir. AV. H. Potter to make his offer of S500 
to the district, but it was ruled out by the commis- 
sioner on the ground that the result of the act, as 
affecting the interests of the district, and not the mo- 
tive or cause for it, was the subject of inquiry. 

Upon the question of personal inconvenience raised 
b}' the appellant, I do not regard the alleged grievance 
as coming within the scope of the i)rovisions of the 
law, and it must therefore be set aside. 

As to the claim that the gift of Mr. Potter was of 



140 SCHOOL MAKUAL. 



the nature of a bribe and so contrary to law. and the 
subsequent action of the district, growing out of it, 
void, I do not so understand either the law or the prac- 
tice under it. From the beginning of the school sys- 
tem, private parties have continually donated lands 
and money to towns and districts for school purposes 
and with specific provisions and conditions, and I have 
never known it to be held that such gifts were con- 
trary either to the letter or the sptiit of the law. 

Upon the claim that sufficient reasons do not exist 
for a change of site and that the proposed site is an 
unsuitable one. I am of the opinion that a change is 
needed, and that the Hazard lot is. under the cu'cum- 
stances, a fit and suitable lot and one that will tend to 
promote the best interests of the district. I do there- 
fore approve of the action of the school committee, 
and confirm their vote whereby they located the pro-, 
posed new school-house on the so-called Hazard lot ; 
and the appeal is dismissed. 

T. B. Stockwell. C. P. S. 

1881. 

Approved. C. Mattesox. A. J. S. C. 



DECISION'S RELATING TO PUBLIC INSTRUCTION. 147 



DECISION No. 70. 

Case of Appeal of John Xevins vs. School Comniit- 
tee of Cranston. 

1. A change from one edition of a state the A-i/zd it is proposed lo 

text-book to another edition of I change. 

the same book, not a "change" | 3. Notice must be given at a regu- 

of text-books. lar meeting of the committee, 

2. The notice of the proposed' but action maybe taken on the 

" change " required by law does j question at any subsequent 

not include a specitication of meeting, provided proper time 

the particular book to be in- i has elapsed since the notice, 
troduced. It is enough to ' 

The facts appear to be as follows : lu 1880 the 
agent of "Warren's geographies visited the several 
members of the school committee of Cranston with 
reference to the introduction into the schools, of their 
revised, or N. E., edition, as it is called. After inter- 
views with all of the committee, the chairman of the 
committee ordered of the publishers. 3Iessrs. Cowper- 
thwait & Co., a lot of the N. E. edition, which were 
sent to him with authority to put them into the schools 
at what are called exchange or introduction rates. No 
minute however appears on the records of the commit- 
tee of any action by them relative to this matter. 

After the receipt of these books, the chairman noti- 
fied part of the schools, and possibly all. that the pupils 
could change their geographies in accordance with 
the terms as given to him. But in no case were the 
pupils compelled to make this change ; it was left 
optional with them and the teacher. 

At the regular meeting of the school committee, 
January 9, 1882, the following written notice of a 
proposed change in geographies was given by Mr. J. 



148 SCHOOL MANUAL. 



A. Tj:itli:iin, oiio o{' tlic t'onnuittoo : ••Notieo is horo- 
bv siiviMi the si'liDol (.'oimniltoo that tho matter of 
eliauiiiug tho text-books upon geography be consid- 
ered at some future uieetiui;;." ri)ou the records of 
a special meetiuo-, hold February 4, 1882, the foUowino" 
minute ai>peavs : ''The notice in relation to lIar[Hn' 
tfc Bros', geoiiraphv was brought forward and action 
thereon deferred till next meeting." 

At the adjonrnment of this meeting, February 11th, 
the following action on this subject was taken. 

]\^fi'(L "That it is advisable to adopt Harper it 
Bros', geographies for the use of the public schools of 
this town." 

It is from this vote of the schot>l c^ninnittee that 
the appeal is taken, and the appellant claims its ille- 
gality and asks for its reversal and overthrow fot the 
following reasons : 

First. Because the introdut'tion of Warren's N. E. 
edition in 1880 was a change in text-books within 
the meaning of the law, and therefore no further 
change can be made mitil the expiration of three 
years from the date of' that change. 

Second. 'That the notice under which the vote com- 
plaineil of was passed, was given at the previous meet- 
ing which was not a regular meeting. 

Thinl. That the notice, whicli it is claimed Avas 
given at the regular meeting, -lannary iHh, was not 
sntliciently detinite, either as to time or nature of the 
proposed change, to conform to the requirements of 
the law. 



DECISIONS Ki:r,ATIN<; TO I*II5M<J INSTKUCTION. 1 }!> 

Fouitli. That tlic vote; iuloptiiij;' Ilaipcr's ^^vo^^ni- 
pliit'8 was pasHod at a special meeting, whereas it is 
the intiMit of the hiw that siicli action shall he taken 
at a regnlar rneetin<jj. 

To tiies(r points th(! respondiMits aver : 

First. 'J'hat no change in th(! eye; of tin; law was 
made })y the committee in 18H0 ; hut a simple arrange- 
ment was made for giving to the schools tiie advant- 
age of a newer book of the same kind. 

Second. 'I'liat the written notice sul»niitted l)y Mr. 
Latham at the Jamiary meeting, as appeals from the 
records, was the notice under which the committee 
acted. 

Tiiird. 'J'hat said notic(! was as definite as tiie law 
requires. 

Fouith. That the statutes do not rerpiire action 
upon the adoption of text-l)ooks to be taken at a reg- 
ular meeting, and hence tin; matter is sul)ject to the 
control of the committee. 

I am of the opinion : First. That no change in 
text-books was mad(! by the committee in \HH(). It is 
certain that no legal change was made, as no re(-or<l 
exists of any such action, nor is there any claim that 
the committee; ever tcjok action as a body on that ques- 
tion. Hut it is claimed tiiat tiiere was a (h fdcto change, 
and that the law was frainecl to protec-t the people from 
actual changes. Without deciding how far there may 
be a de fdcto change, which is not a de jure change. 
I am quite clear in this case, there was no such man- 
datory and general change as would justify anyone in 



150 SCHOOL MANUAL. 



claiming thiat a cliauge iu text-books liad been made. 
Again it is claimed by the respondents, and I think 
justly, that the substitution of one edition of the same 
book for another edition, even if the second is fuller 
and in many respects better than the first, is not a 
change as contemplated by the law. In such cases 
the two books are not different books, but different 
forms of the same book. The only case where such a 
claim could be maintained, would be where the book 
had been re-written and made so entirely unlike the 
old one that the two could not be used together. 

Second. I am of the opinion that the notice given 
January 9th was a legal notice. The law requires that 
a "notice of the proposed change" shall be given in 
writing at "a previous regular meeting." The notice 
in question was given in writing by a member of the 
committee and constitutes a part of the record of the 
meeting of January 9th, which was a regular meeting 
of the committee, so that there can be no question 
either as to the fact of its having been in writing, or 
as to the time when it was given. 

As to the character of the notice I do not think 
that the words ' ' proposed change ' ' cover more than 
the specification of the kind of text-book which it is 
designed to change. The law was obviously passed 
in the interests of the people, to give the man oppor- 
tunity to protect themselves from the burdens induced 
by frequent changes ; and the main purpose of this 
notice was undoubtedly to give the people warning so 
that they might bring to bear upon the committee, if 
they saw fit, such influences as would lead them to re- 
consider their purpose. If such is the fact, it is evi- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 151 

dent that to the great majority of the people, it would 
make but little diflfereuce what uew book was adopted. 
Moreover the people are not in the position to kuow 
of the merits or demerits of different books. 

It is also claimed that the notice lacks definiteness 
because it refers to some future meetiug. But the law 
says that the notice must be given at a previous regu- 
lar meeting, which certainly allows some latitude. It 
could not have been intended that it must have been 
given at the precediiui regular meetiug, for in that 
case the law would have used that word, so that I see 
no deficiency in this particular. 

Third. I am of the opinion that the meeting of 
February 11th was clothed with the power to consider 
the question of making a change of text-books in 
geography, because the fact that the law does not 
specify that the changes shall be made at a regular 
meetiug, while it does so specify with regard to the 
"notice," is conclusive evidence that it was not in- 
tended to apply the same restriction in both cases. 
Moreover one can readily see why there is more rea- 
son for requiring the notice to be given at a regular 
meeting, than that the action thereon should be taken 
at such a meeting. The times of the regular meetings 
of the committee are generally known and the meet- 
ings more or less well attended, or may be, so that the 
people are thus placed in position to know what is 
proposed, aud to attend to their interests. 

If at such a meeting any change is proposed which 
seems to be ol)jectionable, opportunity is at once 
afforded for such action as ma^- be deemed best, un- 
less the special meeting were called" at a very early 
da}', in which case an appeal would lie on the ground 



152 SCHOOL MANUAL. 



that the action of the committee was a practical u uni- 
fication of the law. In this case nearly five weeks 
elapsed between the notice and the action and more- 
over the subject was considered at a meeting held a 
week previous, when quite a number of citizens were 
present, so that it cannot be said that the matter was 
not known. 

In view, therefore, of the above, I do hereby eon- 
firm and establish the vote of the school committee of 
Cranston, passed on the 11th day of February, where- 
by they adopted Harper & Bros', geographies for use 
in the public schools of said town. 

T. B. Stockwell, C. P. S. 

1882. 

Approved. C. Matteson, A. J. S. C. 

See Decision No. 5 Page 75. 
See Decision No. 13 Page 81. 
See Decision No. 23 Page 90. 
See Decision No. 47 Page 116. 
See Decision No. 71 Page 153. 



-->->^|^>^-> 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 



153 



Teachers. 



DECISION No. 71. 



Case of Laytoii E. Seamans vs. ^School Committee of 
Co cent ry. 



Committee have a legal right to 
refuse to exaiiiiue a teacher as 
to literary qualiftcations if they 
are dissatistied with his moral 
character. 

A teacher having a county certiti- 



cate countersigned may be dis- 
missed by school committee for 
cause. 
3. A teacher,having been dismissed, 
cannot draw teachers' money. 



Laytou E. Seaniaiis applied to the school committee 
of Coventry for examination as a teacher of a public 
school. The committee, however, as tliey had a \e^a\ 
right, and as they thought upon their oaths the}' were 
bound to do, refused to examine him as to his literary 
qualifications, on the ground that they considered his 
moral qualifications insufficient for the requirements 
of the law. Mr. Seamans then succeeded in obtain- 
ing a county certificate from John H. Willard, Esq., a 
county inspector in Providence county, and also ob- 
tained the counter signature of the commissioner of 
public schools ; l>oth of these gentlemen supposing 
that no objections had ever been made to Seamans' 
moral character. With this certificate thus counter- 
signed, Mr. Seamans entered the school in district No. 
5, Coventry, as a teacher. He gave no notice of ])e- 



154 SCHOOL MANUAL. 



ginning to the school committee, neither did he in any 
way conform, or show a disposition to conform, to the 
rules of the said committee for the government or in- 
struction of the schools of their town. 

On the 2Gth of January, 1855, the committee for- 
mally dismissed him from his school, on account, as 
they alleged, of his having fraudulently procured the 
above-named county certificate, and non-compliance 
with their regulations. 

Mr. Seamans, however, continued his school to the 
close of his term, when the school committee granted 
him an order for the money to pay his wages for the 
time previous to January 26th, 1855, and refused to 
grant an order for the time subsequeiit. It was from 
this refusal that the appeal was taken. 

The commissioner is of opinion that the vote of the 
school committee, by which Mr. Seamans was dis- 
missed, was a legal and proper vote, and in accord- 
ance with the 56th section of the act relating to public 
schools, which gives to a school committee the power 
to dismiss a teacher, by whomsoever examined, for 
just cause. The cause which they alleged appears to 
be a just and sufficient one. They had after this dis- 
missal no right, according to the 21st section of the 
act above referred to, to grant any order to Mr. Sea- 
mans for services performed as a school teacher in any 
of the schools of the town, subsequent to the time 
when he was informed of the act of the school com- 
mittee by which he was dismissed. The vote of the 
school committee is therefore affirmed. 

R. Allyn, C. p. S. 

1855. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 155 



DECISION No. 72. 

Case of Enior /Smith vs. /School Committee of /Smith- 
fieia. 

1. The act of one nienil)ur of a 3. rossesgion of a certificate enti- 
committee, not the act of tlie ties teaclier to a trial before 

committee. | annulling. 



Notice to a teacher that he is on 
trial, is suflicient to proceed 
with annulment, after the trial. 



4. Failure to properly instruct and 
govern, good cause for annul- 
ling. 



Ill this ease a eertifieate was legally issued to the 
appellant and subsequeutly the clerk of the committee 
visited his school and not being satisfied therewith im- 
mediately sent a note to the trustee that he had an- 
nulled the certificate, but sent no notice to the teacher. 
Another teacher, however, was hired ])y the trustee. 
Smith appealed to the commissioner of pu])lic scliools, 
and a partial hearing took place on the 27th of Janu- 
ary ; and on the 31st, the committee failing to appear, 
the act of Holmes was decided to be void, since in 
fact no annulment had been made, nothing but a notice 
having been sent to the trustee that such annulment 
was made. 

The school committee of Smithfield, however, met 
on the 29th of January, and by a unanimous vote pro- 
ceeded to annul the certificate of said Smith, given 
him bj^ Harvey Holmes and dated December IG, 1854, 
"for deficiency and want of qualification." It is 
from this vote that the appeal is taken, and in refer- 
ence to this that the following decisions are made. 

The first point made by the appellant was that the 
decision reversing the act of Holmes, made on the 31st 
of Jaiiuarj', was necessarily conclusive in this, and 



156 SCHOOL MANUAL. 



reversed it also. That, however, was clearly an illegal 
act clone by a single member of the committee, to 
whom no such power to annnl was ever delegated, — in 
fact, there is no evidence to show that Holmes ever 
wrote an annulment. He undoubtedly supposed that 
he had annulled the certificate of Smith, but the con- 
trary is clear ; and therefore the committee were at 
liberty to take original action in the case. It is their 
act that is to be examined on its own merits. And 
this can only be justified where it is shown that the 
circumstances of the case actually called for this 
course on their part. 

A second point made for the appellant was, that he 
had no notice of the intention of the committee to 
annul his certificate, and therefore he had no oppor- 
tunity for trial and defence. It is believed on this 
point, that the conversation which passed between 
him and the examiner was notification enough that he 
was to have four weeks for trial and practical demon- 
stration of his ability to teach and to govern in the 
school-room. And this is a better form and mode of 
.trial than can be had elsewhere. It is therefore de- 
cided that such a trial is suflflcient, especially as the 
teacher always has an appeal, where it can be exam- 
ined whether the trial in the school was fair and suffi- 
cient. 

The points made by the committee were two : 

1 . That vSmith was not qualified in literarj^ attain- 
ments for the office of teacher. 

2. That he failed to comply with the regulations 
for the schools of Smithfield made by the school com- 
mittee, and that he failed to impart instruction and to 
govern his school in a proper manner. 



dp:cisions relating to public instruction. 157 

On the first of these points, the commissioner does 
not feel bound to go back of the certificate of the 
committee. They, or their clerk, gave him a certifi- 
cate in proper form, under their oath, after due exam- 
ination and consideration of the circumstances. It 
}nust therefore be held that he was qualified, at least, 
to make trial of his skill in the school-room. 

The case then must turn wholly on the questions, 
whether or not Smith did comply with the regulations 
of the school committee, and whether he did really 
properly instruct and govern his school. The testi- 
mony on this point was large in amount and conflict- 
ing in character. 

From the facts in the case, as they appear to the 
commissioner of pul)lic schools, it seetns to him that 
the school committee of Smithfield only discharged 
the duty imposed upon them by the law and by their 
oath of office, and their act of annulling the certifi- 
cate of the said Smith ought to be sustained. 

R. Allyn, C. p. S. 

1855. 

Approved. W. R. Staples, C. J. S. C. 



DECISION No. 73. 

A teacher cannot be required to make fires in a 
school-room. 

R. Allyn, C. P. S. 

1855. 



See Decision No. 
See Decision No. 
See Decision No. 
See Decision No. 
See Decision No. 
See Decision No. 
14 



46 Page 112. 

47 Page 116. 
52 Page 12.3. 

56 Page 125. 

57 Page 126. 

58 Page 128. 



158 SCHOOL MANUAL. 



Legal Proceedings. 



DECISION No. 74. 

School commissioner has power to define the bounds 
of a district, wlien appealed to from vote of com- 
mittee. 

H. Barnard, C. P. S. 

1848. 

Approved. E. R. Potter, C. P. S. 

1852. 

Approved. J. B. Chapin", C. P. S. 

1864. 



DECISION No. 75. 

School District No. 7, BurriUviUe. 

I am of opinion that the decision of the committee, 
though not involving the merits of the question, is 
such as may be appealed from, and that on such ap- 
peal the whole merits of the case may be examined 
and decided. 

E. R. Potter, C. P. S. 

1850. 

Approved. L. Haile, A. J. S. C. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 159 



DECISION No. 76. 

Upou the refusal of the committee, the commis- 
siouer may fix the district liouudary. 

E. R. Potter, C. P. S. 
1851. 



DECISION No. 77. 
School District No. 3, North Providence. 

Where express power is not conferred on commissioner, he can, on appeal, 
simply remand the matter with his decision, and if the ofHcial interested 
will not acquiesce, the remedy is a mandamus from the Supreme 
Court. 

The difficulty which the court experiences in this 
case results from tlie 21st section of "the act to 
revise and amend the law regulating public schools," 
which defines the duties of the town committee. This 
section provides that the town committee shall draw 
orders upon the treasurer for the payment of money 
due, in conformity with the law: Provided, "that 
the committee shall not be obliged to give any order 
until they are satisfied the services have actually been 
performed for which the money is to be paid." They 
are to decide when money is due, and, having so de- 
cided, to draw an order for its payment. And the 23d 
section of the same act prescribes that ' ' the town treas- 
urer shall receive the money due from the State treas- 
ury, and shall keep a separate account of all money 
appropriated by the State, or town, or otherwise, for 
public schools, and shall pay the same to the order of 
the school committee." These two sections are exceed- 



IGO SCHOOL MANUAL. 



iugly signiliciiut. The first prescribes who shall draw 
tlie orders, aud the other what orders the town treas- 
urer shall be bound to pay. The 65th section of the 
school act gives an appeal from the decision of the 
school committee to the conunissioner, whose decision 
is to be tinal. But the conunissioner, by this section, 
has only authority to attirm or reverse the decisions of 
the town committee, but has no authority to draw or- 
ders ; and any orders drawn by him are not obligatory 
upon the town treasurer. We think the proper course 
for him is to adjudicate upon the appeal, and certify 
his decision to the town conunittee, requesting them 
to draw the order required, and, if they refuse, a 
mandamus may be granted to compel them to draw 
the order. 

R. W. Greene, C. J. S. C. 
1852. 



DECISION No. 78. 

School District Xo. 3, Xorth Providence. 

I am of opinion that the commissioner has a right 
to allow a rehearing for good cause, in his discretion ; 
but it is not in the power of the commissioner to dis- 
pense with the teacher's having a legal certificate. 

E. R. POTTEK, C. P. S. 

1852. 

Approved. R. W. Greene, C. J. S. C. 



DECISIONS RELATING TO IMBLIC INSTRUCTION. 101 



DFX'ISION No. 71). 

Transfer of land docs not make another appraisal 
of a lot necessary, and the faihire from sickness to 
make an appeal invalidates the claim to make another, 
without special legislation. 

.J. KiNosnuHV. C. P. S. 

18.50. 

Appioved. K. Pv. PoTTKH. A. J. S. C. 



DECISKJN No. MO. 
Petition of Emor Snu'th for Rchf;aririg. 

^. I{<;hearir)t! not jJOHsibie after ap- deuce, but not to Hubmit the 

proval by a judge of the Su- evidence as such to the judge, 

preme <'ourt. I 3. .Jurisdiction of the commis- 

2. Commissioner to make up a state- sioner. 
ment of facts from the evi- 

In the matter of the decision of the commissioner 
of public schools in case of the appeal of Emor 
Smith from a vote of the school committee of Smith- 
field. aiHiulling the certificate of said Smith as a teacher 
in said town. 

This is a motion or jjetition for a reconsideration, by 
the commissioner and the judge, of the above decision, 
on the ground that the decision of the commissioner re- 
ported to the lion. William R. Staples, late Chief .lus- 
tice of the Supreme Court, on the 24th day of August. 
18.00, and approved on the 2Gth day of September, 
1855, is not valid and binding. l)ecause the commis- 
sioner did not report a statenient of the facts as they 



162 SCHOOL MANUAL. 



were sworn to or admitted, but instead thereof re- 
ported as facts his own conclusions upon the testimony ; 
it appearing from the petition of said Smith that ' ' he 
insists that there can be no final or binding decision, 
until a statement of the evidence shall be made to the 
judge," for reasons by him in his petition set forth. 

The 65th section of the " act to revise and amend 
the laws regulating public schools," provides "that 
the commissioner may (and if requested on the hear- 
ing of either party shall) lay a statement of the facts 
of the case before some one of the judges of the 
Supreme Court, whose approval of such decision 
shall be final." If then, in the matter of this deci- 
sion, upon such request, a statement of the facts of 
this case, in the sense of the statute, has been laid be- 
fore one of the judges of the Supreme Court, and the 
decision of the commissioner has been by him approved, 
this "approval" is, by the very words of the statute, 
made final, irrespective of the merits of the decision 
approved. The "appeal" in other words, in the 
civil law sense of the term, and as it is used in our stat- 
utes, — that is, a rehearing of the whole cause, matter 
of fact as well as law, after it has been decided by a 
competent tribunal, — is expressly given, by the first 
words of the section of the school act above referred 
to, to the commissioner ; and the section provides 
that his decision upon such appeal shall be final, if 
the commissioner, upon the request of either party, 
shall ' ^ lay a statement of the facts of the case ' ' be- 
fore one of the judges of the Supreme Court, and he 
shall approve the decision. The purpose of this last 
provision was, undoubtedly, to give to the commis- 
sioner and the parties the aid of such a judicial officer 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 103 

ill matters of law, aud to secure, as far as couveu- 
iently practicable, by an uniform construction of the 
act, an uniform system of legislation upon so impor- 
tant and interesting a subject as the discipline and 
government of our public schools. 

The document entitled ''Decision of commissioner of 
public schools in case of appeal of E. Smith from a vote 
of the school committee of Smithfield annulling the cer- 
tificate of Smith as teacher in said town," signed by 
Robert AUyn, commissioner of public schools, is, in 
my judgment, "« statement of facts''' by the commis- 
sioner in the sense of the Goth section of the school 
act, although it is not, as it is averred by the peti- 
tioner that it is not, a statement of the testimony or 
evidence by means of which the commissioner ascer- 
tained the facts which he states in it. ''A statement 
of facts ' ' from testimony or evidence nuist from its 
very nature, be the conclusions of the officer entitled 
to make it, from the testimony or evidence which he 
has heard ; and the distinction between such a state- 
ment, and a statement of the evidence or testimony 
upon which it is based, is too well settled in legal 
practice and parlance to require illustration. Whether 
the conclusions drawn from the evidence or testimony 
by the commissioner were legitimate or not, is a matter 
which the law does not, in my judgment, confide to 
the judge, but solel}' to the commissioner, who alone 
hears the appeal, listens to the witnesses, examines 
the evidence, and arrives at the conclusion of what 
are " the facts of the case." No power, no means, 
are, in my judgment, given to the judge to examine 
into these facts. It is the duty of the commissioner, 
under the law, to decide what the facts are, and to lay 



164 SCHOOL MANUAL. 



a statement of them before the judge, with his deci- 
sion upon them, and the sole office and jurisdiction of 
the judge is, upon such statement, to approve or dis- 
approve the decision of the commissioner. Tliis is 
not only plain from the words of the act, but is to be in- 
ferred from the nature of the facts to be ascertained, — 
the good or ill discipline of schools, the fitness or un- 
fitness of teachers to instruct or discipline scholars, 
and the like facts, peculiarly fitted to be ascertained 
from evidence by the commissioner, but which the 
judge would ordinarily have no such peculiar qualifica- 
tions to ascertain. 

The jurisdiction of the school commissioner under 
the public school act, by way of appeal from the decis- 
ions or doings of school committees, district meetings, 
trustees and county inspectors, is, looking to the sub- 
ject, nature and manner of its exercise, rather a visi- 
tatorial power, than that of an ordinary legal tribunal, 
and the power of the judge of the Supreme Court in 
the matter of such an appeal is limited, precisely as 
might have been anticipated from the universal course 
in such cases, to the mere approval of the decision 
of the commissioner upon his statement of the facts. 

It being admitted by the petitioner in his said peti- 
tion that the decision and statement of facts of the 
commissioner in the matter of this appeal was laid by 
the commissioner before Chief Justice Staples on the 
24th of August, 1855, and that the said decision was, 
by said Chief Justice Staples, then one of the judges 
of the Supreme Court, approved, — and it appearing 
to me that the statement of facts submitted to said 
judge, was such a statement of facts as is required by 
the statutes, and that his approval thereupon of the 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 165 

decision of the coinmissioner is final, — I therefore ap- 
prove the decision of the commissioner tliat this mo- 
tion or i)etition for reconsideration nuist l)e l)y him 
dismissed for want of any jurisdiction in him alone or 
in him conjointly with a judge of the Supreme Court, 
to rehear or reconsider the decision so approved. 

After such a decision and approval made, neither 
the commissioner nor Judge Staples, if the latter were 
still in office, could rehear or reconsider the matter of 
the same, no matter how erroneous such decision and 
approval might be. Much less can the commissioner, 
with another judge of the Supreme Court, or subject 
to approval of such judge, whether then in office or 
succeeding to the office of Judge Staples, reconsider 
and rejudge his approval. 



S. Ames, C. J. S. C. 



185G. 



DECISION No. 81. 
School District Xo. 10, North Providence. 

Tlie school commissioner lias no jurisdiction in an appeal from a vote of a 
school district to enforce a claim af^ainst the collector of a district. 

The appellant, tax collector of school district No. 
10, North Providence, has suffered no grievance at 
the hands of the district, of which he can complain 
to the school commissioner. He has collected money 
which the district demands of him, as they have the 
right. His answer is. that he has paid it to the treas- 
urer ; but as the treasurer denies this, and the evi- 
dence of payment produced by the collector is not 
satisfactory, the district very properly persist in their 



166 SCHOOL MANUAL. 



demand. The appellant's admission charges him with 
the money, and he produces no sufficient evidence, as 
it would seem, in his discharge. A mere demand of 
money as due, though unfounded, is no ground of 
legal complaint, and this demand, nuder the circum- 
stances was natural and proper. 

Besides a money claim of this sort, made by a school 
district against its collector or treasurer, seems to be 
wholly without the jurisdiction of the commissioner. 
He can issue no execution to enforce it, nor can he 
enjoin any suit commenced upon it. It must neces- 
sarily be adjusted by the ordinary tribunals of the 
law, which are clothed with powers to aid the right, in 
the way both of pursuit and defence. The school law, 
by enabling school districts to require bonds of their 
clerks, collectors and treasurers, points to the ordinary 
legal remedies against such officers in case they do not 
faithfully account for moneys received by them, or 
damages are sought against them for other breach of 
official duty. 

The school commissioner in my judgment was right 
in dismissing this appeal. 

S. Ames, C. J. S. C. 

1861. 



DECISION No. 82. 
School District No. 7, North Providence. 

An award of appraisers is void, unless both the owner of the land and the 
representative of the district are heard at one and the same hearing. 

In a suit against a school district, on an award of 
appraisers of the value of a lot taken for a school- 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 1G7 

liouse under Ch. 66, as amended by Ch. 323, of the 
Revised Statutes, it appearing, that at the meeting of 
the district clerk and of the plaintiff, upon notice, be- 
fore the appraisers for hearing upon the matter of the 
valuation of the lot, the plaintiff, when going with the 
appraisers upon the land, with coarse and violent lan- 
guage forbade the clerk to accompany them, who 
thereupon remained behind, and the plaintiff in the 
absence of the clerk was heard by the appraisers ; it 
ivas held, that the award thus made by the appraisers 
was void, and could confer no right of action in favor 
of the plaintiff' against the district. 

It was the right of the defendants to be present at 
all times during the hearing, that they might know 
and hear whatever was offered to the referees, either 
by way of evidence or argument, by the plaintiff ; that 
they might know what was necessary to be answered 
by proof or by argument, and, especially, that they 
might see that no improper communication was made, 
or illegal evidence offered, to the referees 

We are of the o^jinion that the award obtained 

should be held void. 

S. Ames, C. J. S. C. 
1868. 



DECISION No. 83. 
School District No. 19, South Kingstoioi. 

Appeals may be made from decisions of committees in locating school- 
houses. 

Objection is made to the decision of the commis- 
sioner in this case, that it is not a case where the law 



168 SCllOOL MANUAL. 



gives any right of api)eal, and that therefore the decis- 
ion of the school committee was final and conclnsive, 
as was decided in the case of John H. Gardner, 
reported in 4 R. I., G02. 

The grounds of the argument against the right of 
appeal in this case, could not, of course, be more ably 
stated than they are in the decision to which the coun- 
sel refers us. 

And they are. First. That a grievance implies a 
wrong growing out of some infraction of law ; a liti- 
gated question of right. The present case involves 
no question of violated right and therefore the ap- 
pellant is not a party aggrieved. Second. That the 
discretion is with the school committee ; they have the 
power to decide it, and no wrong is done to any one, 
and no one has a right to complain, or correct them. 
Third. That a contrary construction would throw 
every discretionary power into the hands of the com- 
missioner and the Supreme Court, which latter might 
be utterly unfit to exercise it. 

First. Is the appellant a party aggrieved? He is a 
property holder in the district. The owners of that 
property have or may have children entitled to the 
privileges of the school. The distance of the location 
from his dwelling may seriously affect, not only the 
convenience of sending to school, but the value of his 
property hereafter. If the money was a gift from 
some one to found a school, he might dictate the site 
and the conditions of his bounty, and no one could 
legally complain. Here the whole money, as well 
what comes from the State and town treasuries to pay 
the teacher, as the money to build the house, is derived 
from taxation, of which the appellant, it is presumed, 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 1C9 



l)ays his fair proportion. Some hundreds of years 
ago, perhaps, a deprivation of school privileges might 
not be considered a grievance ; hardlj' so now. The 
appellant pays his proportion of the whole expendi- 
ture, and has a very material interest in the proper ap- 
plication of it. 

Second. Does the fact that the school committee 
exercise a discretion in the choice of a site, prevent 
an appeal? 

To apply such a doctrine to the school law would 
ahnost nullify the provisions for appeal. 

There is hardly an exercise of power by the school 
committee or trustees which does not imply the exer- 
cise of discretion. The mere giving an order for pay- 
ment of wages may, perhaps, be an exception ; but 
the examining, and, in some cases, employing teach- 
ers, annulling of certificates, fonuing and changing 
school districts, supervision of taxes and building of 
houses, and the general regulation of the schools, all 
imply discretion. So with trustees; and so, in many 
cases, with the powers vested in school districts. If, 
because they have the power to decide in the first 
place, and because they exercise a discretion in doing 
it, there can be no appeal, there would be hardly a 
case left for the exercise of such a right. 

And 3'et the language of the provision is very broad, 
and it would seem difficult, without a great deal of 
verbiage, to make it more comprehensive. 

If there was any doubt as to the meaning of the 
law, there is another principle of decision which might 
be resorted to for aid. When a law admits of differ- 
ent constructions, it is well settled that the usage un- 



170 SCHOOL MANUAL. 



der it, aud the practical coustructiou of it for a series 
of years, is entitled to great weight, aud sometimes 
may be decisive. 

In the present case the practice was uniform. The 
first two commissioners under the law were constantly 
engaged in examining appeals of this very sort, some- 
times confirming and sometimes altering, or wholly 
revising, decisions of committees as to sites of school- 
houses. The re-districting, which the law rendered 
necessary in most of the towns, led to frequent dis- 
sension. And the practice was continued under their 
successors, and does not seem to have even been 
questioned until 1858. 

It would no doubt make the office of commissioner 
easier and more pleasant, to take away this power. 
The decision of such cases leads frequently to enmi- 
ties, or charges of being subject to improper influence. 

School committees, however honest, may be subject 
to local influence ; and the very knowledge that their 
determination was likely to be reviewed by a disinter- 
ested person, might, in many cases, prevent an im- 
proper decision. And a commissioner would seldom 
revise a decision of a committee, unless he was satis- 
fied that the public good or justice to individuals 
required it. 

And, for the purpose of securing uniformity in the 
administration of the law, this provision is very im- 
portant. 

Third. The third objection is that the allowance 
of appeals would refer everything to the discretion of 
the commissioner and judge, — the latter, probably, not 
much acquainted with the subject, and unfitted for the 
exercise of this power. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 171 



It was deemed essential to the success of a compar- 
atively new system to prevent litigation, if i)ossil)le. 
A quarrel or a lawsuit in a school-district is generally 
not long confined to the original parties. It spreads 
among all the families ; it goes into the selection of 
teachers, and impairs the discipline of the schools ; 
and, if the difficulty once takes the shape of a lawsuit, 
and the parties have expended money as well as tem- 
per upon it, it is still more difficult to settle. Hence 
the provision for a cheap and speedy decision, avoid- 
ing the delay and expense of a lawsuit, and as the 
commissioner Avould, proliably, very often not be a 
lawyer, it was provided that he might resort to a 
judge for an opinion upon points of law. 

The practical construction of the law from the be- 
ginning has l)een that the judge has nothing to do with 
deciding the facts in the case. (See " School Law," 
edition of 18.07, remarks page oo ; and see, also, de- 
cision of Judge Ames, in case of Emor Smith. R. I. 
Reports, vol. iv., 590, 502, 594.) The judge would 
not reverse the decision of a commissioner, unless 
there appeared to be a legal objection to its validity. 

Being therefore of opinion that the commissioner 
had jurisdiction on appeal, I see no reason for revers- 
ing his decision ; but as, until confirmed, the commis- 
sioner might rehear if he deems it expedient, and 
after confirmation the decision would be final, and 
could not be reheard by him, and the location could 
not be changed without beginning proceedings again 
before the committee, I postpone a formal confir- 
mation. 

E. R. POTTKR, A. .J. S. C. 

1873. 



172 SCHOOL MANUAL. 



DECISION No. 84. 

In towns where the district system prevails, neither town nor town treasurer 
is liable for teacher's wages, at least until an order has been given there- 
for by the school committee. 

This case was submitted to the Supreme Court for 
Kent county on the following agreed statement of 
facts : 

"1. School District No. 17, of the town of War- 
wick, is indebted to the plaintiff in the sum of $125 ; 
due to said -plaintiff as a teacher of the public school 
in said district. 

"2. On or about the day of , A, D. 

1876, suit was begun against the plaintiff in the Jus- 
tice Court of the town of Warwick, by one Oliver P. 
Matteson, upon a writ of attachment, which directed, 
among other things, that the officer should trustee or 
attach moneys in the hands and possession of the 
town of Warwick due said plaintiff. 

"3. That said attachment was intended to reach 
the moneys earned by said plaintiff as teacher in the 
school district No. 17, he being employed by the trus- 
tees of said district as teacher, in said town, and that 
a copy of said writ was served upon the town treas- 
urer of said town for that purpose, there being no 
command in said writ to serve, nor was any copy in 
fact served, upon any officer of said district No. 17. 

"4. That there were no moneys due from said 
town of Warwick to the plaintiff, nor any moneys of 
his in the hands of said town either directly or indi- 
rectly, except such as were supposed to go to said 
plaintiff for his services as teacher of the public 
school in said district. 



DECISIONS RELATING TO PUBLIC INSTRUCTION. 173 

"5. Said Matteson obtained final judgment against 
said plaintiff in the suit commenced in the Justice Court 
as aforesaid. 

"6. There was no debt or demand of any kind 
laid by the plaintiff against said town other than the 
supposed claim mentioned in section 4 above. 

"7, It is hereby agreed that jury trial be waived." 
(East Greenwich, March 17, 1877. Per Curiam.) 

The statute provides that moneys appropriated to, 
and raised by, the several towns for schools shall be 
kept by their respective treasurers, subject to the order 
of their respective school committees. Gen. Stat. R. 
I. cap. 47, § 6. A school committee may give its 
order either in favor of the trustees or treasurer of a 
school district, or directly in favor of a teacher. Cap. 
53, § 17. Teachers, where towns are districted, are 
employed by the trustees of the districts; Cap. 52, 
§ 1 ; and neither town nor town treasurer is made 
liable for their wages otherwise than upon the order 
of the school committee. AVe think, therefore, that 
where a town is districted neither town nor town 
treasurer is liable to garnishment in respect of any 
teachers' wages, until at least an order has been given 
in favor of such teacher by the school committee of 
the town. This does not appear to have been done in 
the case at bar. The judgment, agreeably to the 
agreement, must be for the plaintiff for the full amount 
of his claim. 



174 SCHOOL MANUAL. 



DECISION No. 85. 

Where a school committee decline to act, in cases 
where such action is discretionary with them, no ap- 
peal can be taken to the commissioner. 

T. B. Stockwell, C. P. S. 

1882. 

Approved. C. Matteson, A. J. S. C. 






Remarks. 



BOARD OF EDUCATION. 

In addition to the general supervision and control 
of the schools of the State, which the statutes confer 
on the Board of Education, the following specific duties 
are devolved upon them : — The election of the commis- 
sioner of public schools ; the care and oversight of 
the free public libraries and distribution of the annual 
State appropriation therefor ; the apportionment of 
the appropriation for evening schools, and the super- 
vision of their work ; the management and control of 
the State School for the Deaf ; the decision of all 
cases of remission of fines, penalties and forfeiture 
arising under the school laws, and the presentation of 
an annual report to the General Assembly. The Board 
of Education, together with the commissioner of pub- 
lic schools, constitute the Trustees of the State Normal 
school and are vested with the entire control and 
management of the same, subject, in the matter of 
expenditures, to the amount appropriated for the school 
by the General Assembly. The regular meetings of 
the Board occur quarterly on the first Thursday of 
the months of March, June, September and December. 



176 SCHOOL MANUAL. 



THE COMMISSIONER OF PUBLIC SCHOOLS, 

The commissioner is secretary of the Board of Edu- 
cation, and its executive officer in the administration 
of the school system of the State. His duties are to 
advise with school officers, teachers and others, in all 
matters relating to education ; to visit and inspect the 
schools of the State as often as practicable ; to deliver 
addresses in the several towns on subjects relating to 
the progress of the schools ; to arrange and conduct 
teachers' institutes in various parts of the State, 
as the various localities may demand ; to recommend 
and secure, as far as is desirable, a local uniformity of 
text-books ; to assist in the establishment of, and 
selection of books for, school libraries ; to apportion 
the State appropriations for day schools and school 
apparatus ; to collect and collate the statistics relating 
to public schools, and to present an annual report to 
the Board of Education upon the state of the schools, 
with plans and suggestions for their improvement. 

The commissioner is also a judicial adviser on all 
questions arising under the administration of the 
school laws, and is required to hear and decide all 
cases presented by appeal or otherwise, free of ex- 
pense to the parties. In the words of the late Chief 
Justice Ames, the commissioner is "in legal idea, the 
visitor of the public schools of the State — a domestic 
judge — whose short and noiseless method of settling 
disputes arising between the different officers and 
members of this academic body is intended to pre- 
serve that peace and harmony which are so essential 
to its well-being." 



REMARKS RELATING TO PUBLIC INSTRUCTION. 177 



TOWNS. 

In each town the schools are carried on under the 
town or the district system. Where the former pre- 
vails, the schools are wholly in charge of the school 
committee of the town, subject in all cases to the 
supervision of the commissioner of public schools. 
Under the district system, the trustee has the superin- 
tendence of the school property of the district, and 
contracts with teachers, while the school committee 
exercise all other authority over the schools. 

The simplicity, unity and economy of the town sys- 
tem are in favor of its universal adoption, and any 
town may, by a vote at the annual town meeting, so 
far relinquish the district system, as to place the entire 
management of the schools in the hands of the school 
committee of the town, notice of the proposed change 
having been inserted in the warrant for the town 
meeting ; but the school property will still remain in 
the control of the districts. 

Each town is required to maintain a system of 
schools, and to appropriate for their maintenance a 
sum at least equal to that received fi'om the State, 
under the provision of chapter 49. Any town which 
shall fail or refuse to raise for schools the above sum 
forfeits its proportion of the State appropriation, for 
the benefit of the school fund of the State, but is not 
relieved from its obligation to maintain schools. 

Towns are authorized to establish and maintain free 
public libraries and are permitted to assess a tax, not 
exceeding twenty-five cents on each hundred dollars 
of ratable property, for the founding of such libraries. 



178 SCHOOL MANUAL. 



and au annual tax, not exceeding twenty cents on each 
one thousand dollars of ratable property, for the sup- 
port and increase thereof. 

TOWN CLERKS. 

It is the duty of the several town clerks, or of some 
person appointed by the town council, to take the 
school census annually and make return thereof, as 
required by law, to the school committee ; they ate 
also to distribute to the persons designated, all such 
school blanks and other documents as may be sent to 
them. In those cases where the town is divided into 
districts the town clerk is required to keep a record of 
the district boundaries and of all changes therein ; and 
he should provide a special book for that purpose. 

TOWN TREASURERS. 

The town treasurer, as soon as the town has voted 
the annual appropriation for public schools, or before 
the first of July in each year, should make his return 
to the commissioner as required by law. This return 
must contain a statement of the amount expended by 
the town for school purposes, and the sources from 
which it was derived ; and also a statement of the 
amount appropriated for public schools for the next 
year. Failure to make such return will prevent the 
payment of the town's share of the public money. 

He is to keep a separate account of all school 
moneys, and is, before the first day of July in each 
year, to furnish the school committee with a particular 



REMARKS RELATING TO PUBLIC INSTRUCTION. 179 

account of all moneys applicable to the support of 
public schools for the current school year, specifying 
the sources of the same. He can only pay out the 
school money, whether derived from the State, town, 
or registry tax, upon orders signed by the chairman 
or clerk of the school committee, and if he should pay 
it out or appropriate it otherwise, he would be lial^le 
to the penalty of the law. 

Special attention is now called to the fact that the 
law requires that the amount of mone}' received from 
registry taxes sliall be kept out of the school fund 
till the first Monday in May of each j^ear, when the 
whole amount received during the 3'ear is to l)e cred- 
ited to the school account. It is desirable that this pro- 
vision of the law, as also a similar one in reference to 
the dog taxes, should be strictly obeyed, as it will aid 
very much in securing correct reports each year. 

It is very desirable that the town treasurer's returns 
to the conunissioner should be made, as the law re- 
quires, on or before July 1st, because failure to do so 
is very vexatious, and will delay, if not stop, the pa}'- 
ment of the town's share of the State mone}'. It is 
also very necessary that the returns of tlie treasurer 
shall cover the same period of time as that covered by 
the returns of the school committee. The ol)ject of 
the law requiring returns from each source is that 
they may be used to verify each other and thus secure 
freedom from mistakes. But this cannot be done if 
they are made out for different periods of time. 

SCHOOL COMMITTEES. 

Great care should l)e taken bj' the several towns in 
the selection and election of the best men and v:omen 



180 SCHOOL MANUAL. 



to this office. No political issues should hinder the 
election of competent persons to this most responsible 
office of the town. The interests of the children are 
too valuable to be entrusted to those who know not 
and care not with reference to their future welfare. 

The law allows competent women, as well as men, 
to be elected to this office, and experience shows that 
women have most faithfully, conscientiously and suc- 
cessfully fulfilled its duties. Their time, interest, sym- 
pathies, and benevolent purposes eminently qualify 
them for the duties, and a portion of each school 
board may well be constituted of active and efficient 
women. The one condition imposed by law upon 
membership is residence in the town. The one dis- 
qualification is a pecuniary interest in any school 
text-book. 

It is believed that in all cases it will be better to 
have the town's committee a small rather than a large 
one. Their duties are to examine teachers, visit, and 
have a supervision of the schools. There is danger 
that a large committee will not meet often, and that 
they will attempt to perform too many of their duties 
by small sub-committees of one or more. The dele- 
gation, by the whole committee to each member, of the 
power to manage some particular district has always 
been a great cause of the inefficiency of our system. 
The whole committee should have some knowledge of 
all of the schools, and the persons appointed to visit 
particular schools should always make specific reports 
to the whole board at their monthly or quarterly ses- 
sions. In this way alone can the annual report of 
the school committee be made up properly and as fully 
as is necessary. Special attention to the duties of ex- 



REMARKS RELATING TO PUBLIC INSTRUCTION. 181 



aniiiiatiou of schools alone can fit the committee to 
make such annual communication to the people of the 
town on the subject of their schools as shall be of the 
greatest service to them. This annual report should 
hy all merois he printed and circulated among all the 
citizens of the toicn, as the law provides. The mothers 
and the sisters of the scholars should see it as well 
as the fathers and voters, and the only way in which 
they can all enjoy this privilege is to have it printed, 
and at least one copy furnished to each family in the 
town. It is then easy to make all citizens acquainted 
with the workings of our school system, and to induce 
them, both to make ample provisions for its support 
and to guard carefulh' the expenditures made for the 
common benefit. 

At the first meeting of the committee after the an- 
nual town meeting, they should organize by the elec- 
tion of a chairman and clerk, who are removable by 
the committee only for cause and after a hearing. It 
would be well to have the certificate of the election 
and engagement of the several members of the com- 
mittee made upon the record book itself, as loose 
papers are more liable to be lost. 

The number of the school committee in each town 
is now fixed by statute law at the number constituting 
the committee on the first day of February, 1882, and 
cannot be changed except by special act of the General 
Assembh'. If the town fails to elect the requisite 
number at the annual town meeting, the town council 
must elect them at its next meeting. Any town may 
vote to delegate to the council the entire power of ap- 
pointing the committee. 

Vacancies. — If any member of the committee re- 

16 



182 SCHOOL MANUAL. 



signs, removes or dies, the vacancy must be supplied 
by the town council until the next town meeting, which 
then fills the vacancy for the unexpired term, or refers 
it to the council, which proceeds to do the same. 

Meetings. — They must hold four meetings in each 
year at least. The times for these regular meetings 
should be fixed by a by-law of the committee, in order 
that people having business to do before the commit- 
tee may know when to attend. But as a general rule 
the schools cannot prosper unless meetings are held as 
often as once a month. B}' frequent meetings and 
conversation much valuable information ma}' be ac- 
quired. And it would be well for committees to be 
continually endeavoring to obtain a knowledge of the 
situation of the different districts, the amount of tax- 
able property in each district, the number and charac- 
ter of the dift'erent classes of population respectively, 
etc., and this sort of information should be preserved, 
as it is absolutely necessary to enable them and their 
successors to discharge well their duties. 

All acts of the school committee, to be valid, must 
be done at a meeting of the committee. Giving their 
assent to any measure separate^, and without meet- 
ing, would be held illegal. 

The manner of calling special meetings of the com- 
mittee should be regulated by by-law. If there be 
no by-law, the chairman or clerk should call them, 
and should give every member notice. 

Before the first day of July in each year, the school 
committee are entitled to receive from the town treas- 
urer a report of all school moneys in his hands, or to 
be received, which will be applicable for the support 



REMARKS RELATING TO PUBLIC INSTRUCTION. 183 

of public schools for the current school year, specify- 
ing particularly the sources whence derived. 

Laying off Districts. — In towns divided into districts, 
the whole power of making new districts, altering old 
ones, and of settling disputed boundaries, is vested 
by law in the school committee, subject to an appeal 
to the commissioner. Notice must be given in all 
cases by posting on the school-houses and sending to 
the trustees, of the districts lialile to be affected, no- 
tice of the meeting and of the proposed changes, for 
at least five days, previous thereto. 

In laying off districts, regard should lie had to the 
convenience of attending school, the number of schol- 
ars, the valuation of property, and ability to provide 
school-houses, etc. It will be always expedient to 
bound them by rivers, roads, or other natural or well- 
known boundaries, when practicable. When the lines 
can, without inconvenience, be so drawn as to include 
all of any person's farm in the same district where 
his dwelling-house is, it will save a great deal of 
trouble and expense in assessing taxes, but in all 
cases the lines should be continuous. 

Districts must be set off by bounds including certain 
land. It is not sufficient to declare that a district shall 
be composed of such and such persons. The Supreme 
Court of Massachusetts has declared such districts to 
be invalid. [7 Pick. 106, and 12 Pick. 206.] 

When a district which has built a school-house is 
divided, or its bounds altered so as to take off any por- 
tion of it, the joint property is to be equitably appor- 
tioned among the several parts. If the district owes 
any debts, they should of course be considered in the 
apportionment. In some cases this can be done by a 



184 SCHOOL MANUAL. 



division of the property itself. In other cases the 
rent or income may be apportioned, according to the 
peculiar circumstances. The school committee must 
decide such cases, subject, of course, to the appeal 
provided by the law. 

Where it is much more convenient for a person be- 
longing to one district or town to send to a school in 
another district or town the policy of both school com- 
mittees and trustees should be to extend the advan- 
tages of the schools as freely as the circumstances will 
permit. The State is now so large a contributor to the 
support of the great majority of the schools, that the 
advantages thereof ought to be made as available as 
possible. The authority to admit or send from one 
district to another in the same town is now in the 
school committee. If the pupils come from outside 
of the town, the trustees have the authority, subject 
to the approval of the school committee. 

As a rule district lines should not be changed, 
except for good and sufficient reasons. Frequent 
changes of boundary lines tend to confusion and error 
in the assessment of taxes and other business. In 
every town where the district system prevails it 
would be well to have a description of the districts 
jynnted for general inforrnation and circulation. This 
might, with propriety, be attached to the school regu- 
lations. The law also provides that the town clerk shall 
keep a record of the district boundaries and all changes 
must be reported to him. 

The power of forming joint districts on the borders 
of the different towns is also confided to the school 
committees. Many of the manufacturing villages are 
on streams which are the boundaries of towns, and are 



REMARKS RELATING TO PUBLIC INSTRUCTION. 185 



partly in both towns. In such situations -the school 
committees should encourage the union of the adjoin- 
ing districts, as both together will probably be able to 
establish a graded school ; or at least to maintain a 
better and a longer school than either one alone. 

In assigning to a district or portion thereof, which 
forms part of a joint district, its proportion of that 
part of the money which is divided according to aver- 
age attendance, the committee will of course take the 
average attendance of that portion of the scholars 
who belong to their own town. 

Location,, Plans, etc. — The school committee are to 
locate all school-houses, and to approve of all plans 
and specifications for building or repairing them, and 
all district taxes for whatever purpose. When the 
district is unanimous, and the location on the whole 
unobjectionable, the committee should defer to their 
wishes ; but in cases of dispute, they should endeavor 
to select such a site as will best accommodate the 
greater portion of the district, and at the same time 
fulfill the conditions of a good site. In this connection 
it should be said that the size of the school-house lot is 
of great importance and the committee may not unlikely 
find it necessaiy sometimes to condemn a location on 
account of its unsuitable size. If a district is unable 
to secure by purchase a lot acceptable to the committee, 
the committee are authorized to proceed and select a 
lot and appoint three disinterested persons to appraise 
its value, and upon tender of said sum to the owner 
of the land the title is vested in the district. If the 
owner is aggrieved he may appeal to the next com- 
mon pleas court for the county in which the district is 
located, by giving bond to prosecute his appeal and 



186 SCHOOL MANUAL. 



by producing an attested eopv of the whole proeeed- 
iugs to such court, aud tiling his reasons of appeal with 
the clerk of the court ten days before the sitting there- 
of. Such appeal opens the whole case, both as to the 
necessity of taking the land, and the valuation thereof. 

The provision that all taxes which any district may 
order nuist be approved by the school committee was 
intended to operate as a salutary check against the im- 
proper exercise of the power given to school districts. 
In some districts there may be but few legal voters ; 
in others, the majority of voters may be persons not 
interested in the property in the district ; and various 
other cases may happen where a minority should be 
protected against abuse of taxation. And for this 
purpose, the law requires the approbation of the 
school committee, the majority of whom will probably 
belong to other parts of the town, and have no private 
or personal interest in the local controversies and dis- 
putes of the district. 

For the same and other reasons the law requires the 
plan of building to be approved by the committee. 
The committee should therefore investigate this sub- 
ject, and visit and examine the best school-houses, 
and consult the best authorities on heating, ventila- 
tion, lighting, etc.. so as to be prepared to act when 
called on. Moreover, the committees should not 
always wait till called upon, before acting in reference 
to the condition of the school-buildings. The respon- 
sibility for seeing that the buildings used for school 
purposes are suitable rests with the committee, and 
they should not hesitate to act accordingly. 

Examining Teachers. — In towns acting under the 
district S3'stem the examination of persons wishing to 



K£MARKS RELATING TO PUBLIC INSTRUCTION. 187 



teach either as principals or assistants, the granting 
of certificates of qualification, and the annulling of 
such certificates, are among the most important duties 
devolving on the school committee, and on their faith- 
ful performance the eflficiency of the law largely de- 
pends. 

The inefficiency of the school system in most of the 
towns may be traced to the fact that the duties of ex- 
amining teachers and visiting the schools are too gen- 
erally neglected or ill-performed. 

The law gives the committee the power to ajjpoint a 
suV)-committee for the purpose of examining teachers, 
or they may impose the duty upon the superintendent. 
But it is respectfully suggested that where the whole 
committee can meet for this purpose it i's most advis- 
al>le. It will have a better effect upon the teachers 
themselves, and incompetent persons will be less likely 
to present themselves. It is certain that the authority 
to grant certificates should never be vested by a com- 
mittee in two bodies or persons at the same time. 
Such a division of responsibility is always attended 
with disastrous results. Where the duty of examining 
and certificating teachers is imposed upon the superin- 
tendent or a sub-committee, the action of such sub- 
committee or superintendent should be final. To 
allow an appeal to the committee is to weaken the 
force and value of the authority, opinions and decis- 
ions of the examiner. 

In making such examinations, whether by the whole 
board or by the sub-committee, they should inquire : 

First, as to moral character. On this point the com- 
mittee should be entirely satisfied before proceeding 
further. Some opinion can be formed from the gen- 



188 SCHOOL MANUAL. 



eral deportment and language "of the applicant ; but 
the safest course will be, with regard to those who 
are strangers to the committee, to insist on the writ- 
ten testimony of persons of the highest respectability 
in the towns and neighborhoods where they have re- 
sided ; and especially to require the certificate of the 
school committee and parents where they have taught 
before, as to the character the}' have sustained, and 
the influence they have exerted in the school and in 
society. 

While a committee should not endeavor to inquire 
into the peculiar religious or sectarian opinions of a 
teacher, and should not entertain any preferences or 
prejudices founded on any such grounds, they ought, 
without hesitation to reject every person who is in the 
habit of ridiculing, deriding or scoffing at religion. 

And while an examination should in no case be ex- 
tended to the political opinions of the candidates, yet 
it may with propriety extend " to their manner in ex- 
pressing such belief, or maintaining it. If that manner 
is in itself boisterous and disorderly, intemperate and 
offensive, it may well be supposed to indicate ungov- 
erned passions, or want of sound principles of con- 
duct, which would render its possessor obnoxious to 
the inhabitants of the district, and unfit for the sacred 
duties of a teacher of youth, who should instruct by 
example as well as by precept." — JSf. Y. Regulations. 

Second, as to literary attainments. The lowest 
grade of attainments demands a thorough knowledge 
of the common branches of English education. 
Every teacher should prove, either by examination, or 
by previous experience, which must have come to the 
personal knowledge of the committee, his ability to 



REMARKS RELATING TO PUBLIC INSTRUCTION. . 189 

teach the English hinguage, arithmetic, penmauship, 
geography aud history. In an examination as to the 
attainiueuts of a teacher in these branches it should 
be so conducted as to test his capacity, in those par- 
ticulars, to teach any grade of schools. And in 
granting certificates some reference may be had to 
the condition and wants of the particular schools for 
which the candidates are presented. But no person 
should be considered qualified to teach any school, 
who cannot speak and write the English language, if 
not elegantly, at least correctly. He should be a 
good reader, and be able to make the hearer under- 
stand aud feel all that the author intended. He 
should be able to give the analysis, as well as explain 
the meaning of the words of the sentence, and explain 
all dates, i>ames and allusions. He should be a good 
speller ; and to test this, as well as his knowledge of 
punctuation, the use of capitals, etc., he should be 
required to write out his answers to some of the ques- 
tions of the committee. He should understand prac- 
tically the first principles of English grammar, as 
illustrated in his own writing and conversation. He 
should be able to write a good hand, and to teach 
others how to do so. He should show his knowledge 
of geograph}' by applying his definitions of the ele- 
mentar}" principles to the geography of his own town,. 
State and country, and by questions on the map aud 
globe. He should be able to answer promptly all 
questions relating to the leading events of the history 
of the United States, aud of his own State. In 
arithmetic, he should be well versed in some treatise 
on mental arithmetic, and have a clear and definite 
knowledge of the principles of written arithmetic, and 



190 SCHOOL MANUAL. 



be able to work out before the committee, on the 
blackboard or slate, such questions as will test his 
ability to teach accurately and successfully the topics 
prescribed for the class of schools in which he will be 
engaged. 

In addition to the above qualifications every teacher 
should possess at least an elementary knowledge of 
physiology and the laws of health. Such knowledge 
is indispensable to the proper regulation of the air, 
temperature and light of the school-room ; and also to 
that care of the children which should be given to 
them daily if they are to do their best work at school, 
or are to grow up to lives of vigorous manhood and 
womanhood. A knowledge also of English literature, 
sufficient to enable the teacher to give to the selections 
of the reading-book more attractions and also to guide 
the pupils in their reading outside of school hours is 
very desirable and should be insisted upon so far as 
possible. And in addition to the above, some famil- 
iarity with the elements of natural history and free- 
hand drawing will be found of great advantage both 
to teacher and school. Of course, for the upper 
grammar and high schools, the standard of qualifica- 
tions of the teachers will be set by the course of 
studies adopted by the committee. 

Third, as to ability to instruct. This ability includes 
aptness to teach, a power of simplifying difficult pro- 
cesses, a skill in imparting knowledge, and of induc- 
ing pupils to try, and to try in such a way that they 
will derive encouragement as they go along ; all of 
which must be given by nature, but may be cultivated 
by observation and practice. An examination into 
the literary qualifications of a candidate as ordinarily 



KKMAKKS RELATING TO PUBLIC INSTRUCTION. 191 

couducted, and eveu when conducted by an experi- 
enced committee, or even by a teacher, will not always 
determine whether this ability is possessed, or pos- 
sessed iira very eminent degree. Hence it is desirable 
for the committee to ascertain what success the candi- 
date has had in other places, if he has taught before ; 
and if this evidence cannot be had, whether he has 
received any instruction in the art of teaching ; or has 
been educated under a successful teacher ; or has vis- 
ited good schools. In conducting the examination to 
ascertain this point, the candidate should be asked 
how he would teach the several studies. He should 
be asked how he would proceed in teaching a child to 
read, who had never been instructed at all ; as for ex- 
ample, whether he would give him sentences, words 
or single letters ; and then the methods he would em- 
ploy, how far he would combine writing with reading, 
and what use he would make of the blackboard. So 
in spelling, he should be asked how he would classify 
his scholars in this branch, and the methods of arrang- 
ing and conducting a class exercise ; how far he would 
put out the word to the whole class, and after requir- 
ing all to spell it meiduUy, name a particular scholar 
to spell it oraUy ; how far he would adopt the method 
of writing the words, and especially the difficult ones, 
on a slate or blackboard ; how far he would connect 
spelling with the reading lessons, etc. 

It will be more satisfactory sometimes, perhaps, to 
have a class of small scholars present at the examina- 
tion, and let the candidate go through an exercise with 
them, so that the committee can have a practical spec- 
imen of his tact in teaching each branch of study, in 
explaining and removing difficulties, etc. 



192 SCHOOL MANUAL. 



The same method of examination should be carried 
into reading, and every other branch. It is more im- 
portant to know that the teacher has sound views as 
to methods, than that he is qualified as to literary at- 
tainments, for the most extensive knowledge is of little 
value if one does not possess the ability to use it suc- 
cessfully. 

Fourth^ ability to govern. This is an important qual- 
ification, insisted upon by the law, and indispensable 
to the success of the schools. On this point the com- 
mittee should call for the evidence of former experience, 
wherever the candidate has taught before, and when 
this cannot be had, the examination should elicit the 
plans of the teacher as to making children comforta- 
ble, keeping them all usefully employed, and interested 
in their studies, his best system of rewards and punish- 
ments, and examples of the kinds of punishment he 
would resort to in particular cases, and all other infor- 
mation pertaining to the good order and government 
of a school. In this connection, the age, manners, 
bearing, knowledge of the world, love and knowledge 
of children, etc., of the applicant, will deserve atten- 
tion. 

In addition to these qualifications which the law re- 
quires, the address and personal manners and habits 
of the applicant should be inquired into, for these will 
determine, in a great measure, the manners and habits 
of the children whom he will be called upon to teach. 

The most thorough and satisfactory mode of con- 
ducting the literary examination is by written questions 
and answers ; if the examination is conducted orally, 
it will be desirable to keep minutes of the questions 
and answers. 



REMARKS RELATING TO PUBLIC INSTRUCTION, 193 

The school committee must remember that ou the 
thoroughness aud fidelity with which this duty is per- 
formed depends, in a great measure, the success or 
failure of the school system. The whole machinery 
moves to bring good teachers into the schools, and to 
keep them as long, and under as favorable circum- 
stances, as possible. 

If the teacher adds to his other qualifications a 
knowledge of the art of singing, it will be an addi- 
tional recommendation of him with those who desire 
to have a good school. Singing in school serves as a 
recreation and an amusement, especially for the 
smaller scholars. It exercises and strengthens their 
voices and lungs, and, by its influence on the disposi- 
tion and morals, enables a teacher to govern his school 
with comparative ease. 

The committee should exercise a sound discretion 
in the examination, for the sole responsibility rests 
upon them in determining who shall, and who shall not, 
teach in our schools. No appeal can be taken to the 
commissioner from the refusal of 'a committee to grant 
a certificate. 

If a person has been before examined by them, and 
the committee have often visited his school, and know 
him to he a good teacher, the law allows them to give 
him a certificate, founded on this experience. But 
the re-examination can in no case do any injury, and 
by gradually increasing their rigor and adding to the re- 
quirements, much may be done towards raising the gen- 
eral standard of education. The committee should, 
for convenience of reference, keep a tabular list of the 
names of all persons examined by them, either on 
their common record book, or in a book kept for that 

17 



194 SCHOOL MANUAL. 



purpose, with columns for the date, age, place of res- 
idence of the applicant, the result of the examination, 
and any other remarks that may appear worthy of re- 
membrance. 

In towns where the whole control of the schools is 
in the hands of the committee, the law does not require 
that certificates be issued to the teachers, but it is es- 
pecially the duty of the committee to see that none but 
well qualified teachers are employed. In such towns 
where there is no division of power in the management 
of the schools, there ought to be the best results. 

Annulling certificates and dismissing teachers. As 
a teacher's qualifications depend not merely upon his 
learning (of which a committee can judge from exam- 
ination) , but upon his moral character, his disposition 
and temper, and his capacity to impart information 
and to govern a school, in regard to all of which the 
committee may be deceived or not fully informed ; the 
law gives the committee the power to annul any cer- 
tificate they may have given, if, on trial, the teacher 
proves unqualified. A teacher may also refuse to 
adopt the proper books, may introduce improper 
books, may refuse to adopt what the committee deem 
the best methods of instruction or discipline, or may 
violate other regulations of the committee, in which 
cases the committee have full power to dismiss the 
teacher. In case of all annulments of certificates of 
teachers or dismission, the school committee, who are 
the only authority in the matter, must give at least five 
days' notice in writing of such intention, and a hear- 
ing, and afterwards must notify the trustee of their act. 

Visiting schools. There is no duty of the school 



REMARKS RELATING TO PUBLIC INSTRUCTION. 195 

committee more generally neglected than that of visit- 
ing schools. 

The law makes it the ex2)ress duty of committees 
and trustees to visit the schools often. AVithout per- 
sonal visits to the schools, either by themselves or the 
superintendent, the committee can know nothing about 
the teacher's capacity to impart information, or about 
his methods of instruction and government, or the 
progress of the pupils, neither can they know the 
state of the register and the general condition of the 

school. 

* 

Visiting the schools also has the effect of encourag- 
ing the teacher in the performance of his duties ; and 
if the teacher is visited and treated with proper re- 
spect by the committee, trustees and parents, it ma- 
terially aids to secure to him respectful treatment from 
the scholars, and enables him to govern his school and 
preserve order with ease, and without resorting to 
corporal punishment. 

But the greatest influence is on the pupils them- 
selves. School is too apt to be considered by many 
of them as a place of punislunent. But if their par- 
ents and others visit them often, and take an interest 
in their studies and progress, it gives a new character 
at once to the school and the school-room, and they 
contemplate it with pleasure instead of dread. 

It will also tend to accustom tlie pupils to recite be- 
fore strangers, and help them to get rid of that timidity 
and reserve which, if not early removed, ma}' prove a 
serious hindrance to their success in many pursuits in 
after life. 

While it will be advisable to assign one or more 
schools to each member of the committee for the pur- 



196 SCHOOL MANUAL. 



pose of visiting and general supervision, it is very 
desirable that all the schools should be visited at least 
once a term by the same person or persons, so that a 
comparison can be instituted between the different 
teachers and schools, and the official reports and 
returns be made out more understandingly. The 
trustees and parents of each district should be invited 
to accompany the committee on their visits ; and it 
will be well to encourage the teachers to visit each 
other's schools with a few of their most advanced 
scholars. 

In visiting schools, whether by the whole board, 
sub-committee, or individually, the following are 
among the objects which deserve attention : 

The condition of the school-house and appurte- 
nances ; its location ; size and condition of yard and 
out-buildings ; construction, size, outward appearance, 
and state of repair of building ; condition and size of 
entries, and whether furnished with scraper, mat, 
hooks and shelves for hats and outer garments, water- 
pail, cup, broom, duster, etc. ; dimensions of school- 
room and its condition as to light, whether too much 
or too little ; as .to the air, pure or impure ; as to tem- 
perature, whether too high or too low ; modes of ven- 
tilation, whether by lowering or raising upper or lower 
sash, by opening into attic, by flue or otherwise ; 
whether heated by close or open stove, fireplace, fur- 
nace or steam ; construction and arrangement of seats 
and desks ; whether all the scholars, and especially 
the younger ones, are comfortably seated, with backs 
to lean against, and with their feet resting on the floor, 
and all facing the teacher ; whether there is a platform 
where the teacher can overlook the whole school, and 



KEMAKKS RELATING TO PUBLIC INSTRUCTION. 197 



aisles to allow of his passing to every scholar, to give 
such instruction in his seat, as may be necessary, 
whether there is a place to arrange the classes for 
recitation, and accommodations for visitors, etc. 

The school register should be called for to see if it 
is properly kept ; and such particulars, as the num- 
ber and names of the scholars, their age, parents, at- 
tendance and studies, should be gleaned as will enable 
them to speak on the importance of regular and punc- 
tual attendance, to expose the evils of the contrary 
practice, and to commend before the whole school 
those who are among the most regular. An inspection 
of the register will oftentimes inform the committee 
what children are not connected with the school, and 
a kind and timely call, a word with the parents or 
guardian, may save such children from ignorance, and 
the community from its consequences. 

In this connection a word should be said in refer- 
ence to the school census. As soon as the census 
returns are delivered to the committee, they should be 
examined with a view to find out who are the regular 
absentees from school and where they live. Effort 
should then be made by the committee to secure their 
attendance. So far as it is possible a careful compar- 
ison should be made of the school register and these 
census returns, so that each may correct the other and 
thus the committee become possessed of reliable in- 
formation in regard to the matter of attendance. 

The committee should inquire into the number of 
classes, and the studies they pursue. Such exercises 
should be called for as will exhibit the proficiency of the 
pupils, and the methods of instruction adopted b}' the 
teacher, and will also enable the committee to judge of 



198 SCHOOL MANUAL. 



the tact of the teacher in imparting information. The 
teacher, in jnstice to himself and his pupils, should be 
allowed to conduct some of the exercises himself, and 
in his usual manner, as the scholars (if not used to be- 
ing visited by strangers) will be less timid Avhen exam- 
ined by him, and the committee will have a better 
opportunity to sec his mode of instruction. But the 
committee should also ask (piestious, and, in some 
cases, take the conduct of the class into their own 
hands. 

When a regular examination is to be had in order 
to determine the proficiency of the pupils, or the ex- 
tent of their progress, it will be well to place in the 
hands of the more advanced scholars written or 
printed questions, to be answered in writing, while 
the examination of other classes is going forward. 
And the same or similar questions should be asked in 
every school visited, and the answers will be, to some 
extent, an unexceptionable standard of comparison 
for both the teachers and the schools. 

The committee sho\dd be careful to notice the man- 
ner in which the pupils spell and read. In reading, 
especially, there is great carelessness in many of our 
schools. They should also observe the teacher's man- 
ners and mode of governing. If the school is not 
provided with the proper blackboards, maps, and 
other necessary ai>paratus, b}' proper remarks on their 
uses and importance, they may be the means of induc- 
ing the district to procure them. 

Such inquiries should be made as will show how far 
the rules and regulations of the school committee 
as to teachers, books, the cleanliness and preserva- 



REMARKS RELATING TO PUBLIC INSTRUCTION. 199 

tion of the school-house, tlie manners of the pupils, 
etc., are observed. 

The two distinct purposes of visiting, — inspection 
and examination,- should be kept constantly in mind, 
and as far as possible the two should not be allowed 
to be mingled. The best results will be secured l^y 
keeping them well separated, since the methods and 
means adapted to the one are seldom fitted for the 
other. 

(ireat care should be taken in all cases not to wound 
unnecessarily the feelings of teacher or pupils, and 
commendation should be bestowed wherever it is de- 
served. It is better to err on the side of praise rather 
than on that of censure. 

Sclf^rti/Hf text-books. The schools have heretofore 
suffered much from the great variety of text-books 
used, even in the same schools. It has rendered clas- 
sification impossible, and whenever a scholar changed 
his district or his scliool. a new set of l>ooks was to 
be purchased, or a new element of confusion was in- 
troduced. Uniformity should be established in the 
schools of a town at least. In regard to the selec- 
tion, the committee are entitled to the advice of the 
commissioner, and the benefit of his experience ; and 
it is expected that they in turn will co-0{>erate with 
him in such measures as he may recommend, or adopt, 
to secure a uniformity of books in the State. 

But no rule which a committee may adopt as to the 
books to be used should be so framed or construed as 
to prevent a teacher fiom using explanations or illus- 
trations to be found in other books upon any particu- 
lar su})ject, or to interfere with the use of all proper 



200 SCHOOL MANUAL. 



reference books by both teacher and pupils. In arith- 
metic and algebra it will be a profitable exercise for 
the teacher to give the pupils for solution questions 
and problems from other books besides the prescribed 
ones. 

No book should be introduced into any public school 
by the committee, containing any passage or matter 
reflecting in the least degree upon any religious sect, 
or which any religious sect would be likely to consider 
offensive. 

In all cases where a change in text-books is contem- 
plated, a written notice to that effect must be given 
at a regular meeting of the committee, before the ac- 
tion is taken. The vote may be taken at any meeting 
thereafter, provided suitable time has intervened. 
Where a book has been adopted for introduction on 
or after a certain date, the vote can be rescinded any 
time before that date, but not otherwise. 

As to the mode of supplying text-books, it is sug- 
gested that where it is possible, some person be pro- 
cured to act as agent for the sale of text-books, as in 
that way a great saving in the cost can be effected. It 
is also recommended that the question of ' ' free text- 
books," or their supply at the expense of the town, 
be considered and discussed, as it is believed that this 
is a full solution of this much vexed problem in school 
affairs. It has had a favorable trial already in two 
towns of this State, besides in many other places. 

Bales and Regulations. The school committee 
should prescribe a system of rules and regulations 
respecting the age, admission, attendance, classifica- 
tion, studies, discipline and instruction of pupils, in 



KEMARKS RELATING TO PUBLIC INSTRUCTIOK. 201 



all tlu' schools ; the examination and duties of teach- 
ers ; the kind of l)ooks to he used, etc. No town 
should be without such rules. 

The age for admission should be uniform in all the 
districts of a town, as otherwise some districts may 
have the advantage over others in the apportionment 
of the public money ; but there is no law to prevent 
the admission of children under five, nor to compel a 
committee to allow them to enter at that age. The 
whole matter is left to the discretion of the committee. 

In the matter of classification, number and kind of 
studies and gradation, the schools need and, to accom- 
plish anything, must have the guidance and care of 
the committee. The law no longer estal)lishes the 
miniininn range of studies, hence, unless the committee 
acts, there is no authority to decide what shall be, or 
what shall not be, taught. It is therefore a very im- 
portant duty for each committee to decide what studies 
shall be introduced and to what extent they shall be 
taught. Onl}^ as this duty is thoroughly performed 
will our schools be capable of nuikiug any [)ermanent 
progress. Even the ungraded schools are capable of 
great improvement in this direction, and a course of 
study will be found appended to these remarks, which 
may at least serve as a basis for such a course as it 
may be deemed best to adopt. While the law plainly 
gives to the committee absolute power to determine 
the studies to be pursued, still the committee should 
be ever ready to heed all reasonable requests of par- 
ents and guardians for such deviations therefrom, as 
the best interests of their children seem to require. 
What shall be adopted ? how far the schools shall go ? 
is wholly within the province of the committee, who 



202 SCHOOL MANUAL. 



will doubtless seek to be governed in that matter by 
the dominant sentiment of their constituents. Practi- 
cally the law allows each community to provide just 
such facilities for the education of its children as it 
desires. 

In the matter of discipline it is suggested that the 
regulations of the committee should provide clearly 
for the exercise by the teacher of all proper authority 
over the pupil, not only during school hours, but when- 
ever he is on school premises, and while on his way to 
and from school. 

The attention of the teachers and pupils should be 
regularly called to the rules and regulations, and vio- 
lations thereof should not only not be winked at, but 
made a matter of serious treatment. 

The question of what holidays shall be observed by 
the schools, and of closing the schools for the purpose 
of allowing teachers to attend institutes and visit 
other schools, is one that belongs to the committee 
under this general provision of the law ; and the com- 
mittee should attend to it. Of course on all holidays 
established by State law the schools should not be 
kept. For all other cases the rule must be the voice 
of the committee. 

Apportioning Money. The committee, having ascer- 
tained what they can depend upon from the State treas- 
ury, the town, registry and other taxes, and having 
reserved an amount sufficient to defray the expense of 
printing their report and other necessary contingent 
expenses, must apportion it on or before the first Mon- 
day in July in each year, according to law, and give 
immediate notice of the amounts of said apportion- 



KEMAKKS RELATING TO PUBLIC INSTRUCTION. 203 

nient to the several trustees. But they are not autlior- 
ized to j)ay out or give an order to any district which 
has not maintained a scliool for at least six months 
during the j'ear preceding, except in cases where the 
school was suspended by the committee for want of 
pupils. The law makes a district's complying with 
this provision for one year, a prerequisite to its re- 
ceiving auy money the next year. 

AVhere a school is suspended for lack of the requi- 
site number of i)upils, it will usually be found best 
the first year to set apart for such district a pt)rtion of 
the amount usually allotted, out of which can l)e i)aid 
the expenses incm-red in providing school privileges 
for the children of that district. After the first j^ear 
the matter will l)e determined l»y the facts as they 
shall appear. In cases of these districts the commit- 
tee have full jiower to either send the children to other 
districts, which they can do without an}' payment of 
tuition, or to send to another town and pay tuition. 
They are also authorized to pa}' for their transporta- 
tion to and from school, if their judgment so dictates. 

Attention is specially called to the absolute require- 
ment of the law that the committee shall not allow 
districts to carry forward unexpended balances from 
one year to another. 

The committee are not to give orders on the school 
fund any faster than they are satisfied that it is act- 
ualh' expended. The times and manner of payment, 
with the above restrictions, are at the discretion of the 
committee. 

Where the town system prevails there will be no 
necessity for any such apportionment as above, but 
such allotment to the several schools, or division of the 



204 SCHOOL MANUAL. 



funds, as shall provide for all of the schools equal ad- 
vantages and facilities, especially in regard to length 
of term. A committee, however, has no right to ex- 
pend more than the amount appropriated by the town. 

The committee will find it greatly to their conven- 
ience to keep a regular set of accounts. A separate 
account should be opened with each school or school 
district, in which the district or school should be from 
time to time credited with the money apportioned to it, 
and then charged with the orders which have been 
given to it. 

Another account should be kept by entering all the 
sums of money appropriated to schools on one side, 
and all orders given, on the other, which will show at 
any time the balance under the committee's control. 

Returns. By the Public Statutes, chapter 55, sec- 
tion 5, trustees are to make returns to the school com- 
mittee, at such time and in such form as the committee 
or commissioner may prescribe. These returns must 
be made in season to enable the committee to digest 
them, and prepare their return to the commissioner 
by July 1st, for which returns the commissioner will 
furnish forms. The attention of committees is par- 
ticularly directed to this part of the law, for experi- 
ence has shown that the incompleteness and inaccuracy 
of our statistics is due primarily to the failure of the 
committees to secure proper returns from the trustees 
and teachers. There is no excuse for such neglect, 
and every trustee and teacher should be firmly held to 
a strict compliance with this requirement. The com- 
mittee are also, at the annual town meeting, to make 
a written or printed report to the town, of all their 



REMARKS RELATING TO PUBLIC INSTRUCTION. 205 



doings, the condition of the schools, plans for their 
improvement, etc. Until the above retnrn and one or 
more copies of the above report are sent to the com- 
missioner, the town's share of the State appropriation 
is withheld in accordance with the provisions of the 
law. 

The committee are anthorized to reserve enough 
(not exceeding $40.) out of the school money to 
print their reports, and no action or vote of the 
town can take away this authority from the commit- 
tee. It is believed that no part of the school expend- 
iture will do more good and tend more to keep up an 
interest in the schools than this, and it is hoped that 
every committee will always make their report in 
print. 

The committee must aid in organizing districts, by 
giving the notice for the first meeting. And when 
there are no trustees, or when the trustees neglect to 
call meetings, the committee must call them, in the 
same manner and for the same purposes as the trustee 
would have called them. The notice may lie signed 
by either the chairman or clerk of the committee, the 
same as in the case of other oflflcial documents issued 
by the committee. 

Any district may vote to devolve upon the commit- 
tee, with their consent, the whole management of their 
schools ; and in that case, the committee will exercise 
in that district all the powers which the district itself 
might exercise ; keep the school, have the custody of 
the school-house, etc. 

Gradation of schools. The school committee can- 
not compel a district to establish graded schools, but 

18 



206 SCHOOL MANUAL. 



they can promote a gradation of schools, or a sepa- 
ration of the younger and the older scholars, or the 
primary and advanced studies into distinct schools or 
departments. By such a separation of pupils and in- 
struction a great saving of time and expense is 
secured, while great benefits are derived by the chil- 
dren. Such a policy should be adopted, as a rule, in 
preference to the division of a district, where the 
children have become too numerous for one school. 

Where the schools are so divided or graded, the 
determination of the grades and the promotion from 
one grade to another are in the hands of the com-, 
mittee. 

Whenever the schools of a town are managed inde- 
pendent of districts, a sufficient number of schools of 
different grades should be established by the commit- 
tee, at convenient locations, varying the studies pur- 
sued according to the circumstances of the population. 

The union of two or more adjacent districts, where 
there are sufficient pupils for the purpose of establish- 
ing a secondary or grammar school for the older and 
more advanced pupils of each district, can be secured 
to advantage in almost every town, and this phase of 
the subject should receive the attention of the com- 
mittees, as it is to them that the people naturally look 
for suggestions in these matters. 

In towns where there are compact villages or com- 
munities evening schools should receive the atten- 
tion of the committee, and efforts should be made to 
secure from the town specific appropriations for their 
support. In a manufacturing centre they are a neces- 
sary factor in any system of public instruction, and 
the State now makes an annual appropriation for their 



REMARKS RELATING TO PUBLIC INSTRUCTION. 207 

support. In :ill eveuiug schools supported in i)art by 
the pn])lie money, the question of the qualification of 
the teachers is in the hands of the committee. 

Records. At the first meeting of the year the new 
members of the committee should have a warrant or 
certificate of their election from the town clerk, Avhich 
it would be well to have entered upon the record l)ook, 
followed by the record of .the engagement. The first 
business should be to organize for the year by the 
election of chairman and clerk and if the town has 
not elected a superintendent, to appoint one. 

The clerk should malxe a fall record of all transac- 
tions of the committee, including the motions nega- 
tived, as well as those adopted, as parties may be 
interested, and have a right to appeal in many cases, 
from a negative vote as well as from an affirmative 
one. In cases of notices of proposed changes in text- 
books it would be well in all cases to copy them upon 
the records. 

All clianges in the boundaries of the districts must 
be immediately reported to the town clerk by the clerk 
of the committee. 

When it can be conveniently done, the minutes of 
the proceedings, as drawn out by the clerk, should be 
read in open meeting, or at the next meeting, for cor- 
rection if necessary. Misunderstandings may thus 
be prevented. 

The clerk should always record the names of the 
members of the committee present at each meeting. 
He should also keep copies of all abstracts, and all 
reports made to the commissioner, so that the com- 
mittee may have them for future reference and com- 
parison. 



208 SCHOOL MANUAL. 



SCHOOL SUPERINTENDENTS. 

By the new act a town may elect at its annual town 
meeting, or failing to do so, its school committee must 
appoint, a superintendent of schools. The town 
council has no voice in the election of superintendent, 
except in those cases where it has been so provided by 
special act. Vacancies in this office are to be filled 
by the committee until the next town meeting. The 
superintendent will perform such duties and exercise 
such powers as the committee may assign him. 

While great good may be accomplished by the ap- 
pointment of some qualified person especially to 
supervise the schools, it was not intended that the 
creation of the office of town superintendent should 
relieve the members of the school board from an ac- 
tive participation in this work. The school law ren- 
ders this duty obligatory upon all the members of the 
school committee, and for their services they should 
receive a proper compensation. A town officer should 
be personally familiar with all the schools of the town ; 
but this he cannot be, if he delegates the whole duty 
of visiting and supervision to some other person. In 
those towns where the school committee and superin- 
tendent exercise this mutual oversight, there is a nat- 
ural and necessary concurrence of opinion as to the 
merits or demerits of school operations, and the most 
thorough harmony of sentiment with respect to meth- 
ods of improvement. Hence, school committees are 
urged to an increase rather than a diminution, of per- 
sonal attention to each school, even where the town 
enjoys the full labors of an efficient town superin- 
tendent. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 209 



The law provides that the towu shall fix the salary 
of the superinteudent, but justice aud propriety both 
seem to demand that the body which determiues the 
amount and character of the labor should also deter- 
mine the salary ; and if the towns would refer this 
matter to their committees, it is believed an increased 
efficiency in the service would be the result. 

As the present law provides for the election of 
superintendent by the people, or his appointment by 
the committee, it should be said that the legal status 
of the superintendent depends somewhat on the na- 
ture of his appointment. If he is elected by the 
people he is classed as a civil officer and must himself 
be a qualified elector, and he derives his general 
power from the people, and may, in cases where spe- 
cific duties are assigned him by the committee, act 
independently of them until such assignment is with- 
drawn. But if he is appointed by the committee he is 
not a civil officer as before, but simply an agent of 
the committee and wholly subject to their direction 
and control. He need not be a voter or even a 
resident, and a woman would be as eligible as a man. 
In this case all of his acts would be subject to revision 
by the committee. The latter plan is recommended 
as productive of the most harmony of administration, 
and the most beneficial results. 

The following suggestions are submitted concerning 
town superintendents : 

1. Each town should have a good superintendent 
of schools, elected by the school committee. 

2. Where one town is not able to secure such an 
officer, two contiguous towns should unite in electing 



210 SCHOOL MANUAL. 



the same officer for both towns, his salary to be fixed 
by the school committees of the towns, and paid by 
both towns, jointly. 

3. This officer should be paid such a salary as will 
enable him to devote the whole, or a lai'ge portion, of 
his time to the work. 

4. He should visit and inspect the schools, exam- 
ine the pupils, make promotions, suggest improvements 
in instruction and government, hold teachers' meetings 
and public meetings in the different sections of the 
town, and in every way foster and encourage the work 
of public education. 

5. He should examine the teachers, in connection 
with the school committee if possible, and should sign 
and annul certificates only by the approval of the ma- 
jority of the school board. 

6. He should allow no text-books to be used in the 
schools, except such as are approved by the school 
board of the town. 

7. He should see that the rules and regulations of 
the school committee are honored and enforced, and 
should make a written report on the condition of the 
schools and school property to the school committee at 
each quarterly meeting or oftener, — such report to be 
embodied in the report of the school committee, to be 
printed and distributed annually, among the citizens 
and families of the town. 

BRIEF SYNOPSIS OF DUTIES OF SCHOOL COMMITTEES. 

1. The examination of teachers. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 211 

2. The grantiug of certificates to teachers and the 
power to aimul the same. 

3. The location of all school-houses. 

4. The visiting of the schools. 

5. The adoption of all rules and regulations relat- 
ing to the management of schools. 

6. The suspension of pupils from schools. 

7. The adoption of new text-books by a vote of 
two-thirds of the whole school board. 

8. The apportionment of the public money to the 
several school districts. 

9. The contracting with teachers and the manage- 
ment of all school affairs, when so authorized by the 
town. 

10. The written approval of all district taxes, and 
of all plans for building and repairing school-houses. 

11. The drawing of all orders on the town treas- 
urer for school money. 

12. The annual division of unexpended school 
moue}^ among the districts. 

13. An annual report to the town, to be read in 
open town meeting, or printed for distribution. 

14. A statistical return to the commissioner of pub- 
lic schools, on or before the first day of Jul}' in each 
year, including a copy of the above report. 

15. The formation of all new school districts, the 
alteration or discontinuing of school districts, and the 
approval of the formation of associate, joint and con- 
solidated districts. 



212 SCHOOL MANUAL. 



16. The holding of at least four meetings in eacli 
year. 

17. The appointment of a town superintendent of 
schools, when that officer is not elected at the annual 
town meeting. 

18. The calling of district meetings in certain cases. 

DISTRICTS. 

There are three provisions made in the law for unit- 
ing districts. Any two or more districts may form a 
partial union for the purpose of supporting a higher, 
secondary or grammar school. 

Any contiguous districts in adjoining towns may be 
united by the school committees, and adjoining dis- 
tricts in the same town may consolidate themselves 
subject to the approval of the committee. When 
united they constitute a single district, and their 
affairs must be managed in the same way as if orig- 
inally one district ; but they will be entitled to the 
same proportion of public money they would receive 
if not united. 

A district cannot vote to dissolve itself. Such a 
vote will be wholly null and void. It can be dissolved 
by the school committee alone, who also have the 
sole power to create new districts and change the 
boundaries of those already existing. 

Moderator. The moderator of a district meeting is 
now an annual officer and is to be elected with the other 
officers at the annual meeting. He need not be en- 
gaged. He will preside at all district meetings, both 
annual and special. If he is absent, a moderator ^jro 



REMARKS RELATING TO PUBLIC INSTRUCTION. 213 



tern, should be choseu. It is the l)usiness of the mod- 
erator to preside over the meeting, guide its business, 
and preserve order. While he will usually be justified 
in obeying common parliamentary rules in the exercise 
of his duties, still the meeting is superior to any rules, 
and if an appeal from any of his rulings is taken, it 
must be allowed, and, if sustained, the will of the meet- 
ing obeyed. The moderator is entitled to vote only as 
any other voter may vote. He has no casting vote. 
In receiving votes for any officer or on any question, 
the moderator has no right to reject any man's vote. 
He is in no sense the judge ; but he can insist upon 
knowing how he votes, and have his name and vote 
recorded by the clerk, so that, if a question arises, it 
can be settled by the proper authorities. In any case 
of doubtful legality, or of contested elections, a mod- 
erator would do well to have such a record of the 
voters and their votes made as the law provides for. 
The moderator has power to administer the oath of 
office to all the other officers, either at the meeting, or 
afterwards. 

It is the moderator's duty to maintain order in a 
meeting and in case persons present refuse to conduct 
themselves properly, he should order them to leave the 
meeting. Provision is made in the law whereby town 
constables, upon the tender of the required fee, are 
obliged to be present at any school or other lawfully 
assembled meeting, and they are authorized to arrest 
without a warrant, and detain for six hours, any person 
found unlawfully disturbing such meeting. 

Clerk. The district clerk should be engaged by the 
moderator and make a record of it. If not present 
at the time of his election so as to be engaged in open 



214 SCHOOL MANUAL. 



meeting, he should be engaoed before entering upon 
tlie duties of his office. A clerk i^ro teni. must be en- 
gaged before he enters upon tlie duties the same as 
the regular clerk. AVhen engaged, the clerk may en- 
gage all other district officers, and should enter all 
such cases in his record book. 

AVhen a trustee, treasurer, etc., is elected, the clerk 
should make out and sign and seal a warrant or cei'- 
tificate of his election, upon which he may be engaged. 
[See forms.] 

The clerk should, at the request of any person in- 
terested, record a motion which is negatived, as well 
as a motion passed, as in many cases a person may be 
entitled to an appeal. And he should record the num- 
lier and names of the voters on request, and in gen- 
eral he should endeavor to make his minutes as full 
as possible, so that they may give the whole history 
of the meeting. 

In the record of every meeting, it would be well for 
the clerk to state how tlie meeting was notified, and 
when and by whom the notices were posted up. In 
many cases, at some distance of time, it might be im- 
portant to know how the meeting was notitied, and the 
evidence of it should not be left to depend upon mere 
recollection. The record of the clerk is made prima 
facie evidence that the meeting was legally notified, 
and inhabitants of the district can be admitted to 
prove the notice. But it would be easy and best to 
p'eserve one of the original notices themselves, espec- 
ially when a tax is to be voted. 

It would be well also for the clerk, at the close of 
every meeting, to read aloud the minutes he has made 
of the proceedings, so that any mistake may be cor- 



KEMAUKS RELATING TO PUBLIC INSTRUCTION. 215 



ivctcd at the time. Knors in tlic rccoid may Itc siili- 
He(iiK'ntly (•(H'rcctcMl and the true record cstalilislicd by 
|)r(^|)('r evidence. 

'I'lie clerk is to procure a honnd iccord l»ook at the 
expense of tiie district. For any wilfnl neglect or re- 
fusal to peiforui any duty, li^' is liable to indictment, 
and the snprenie court would, j)robabl3', upon ai)pli- 
cation, compel him by writ of niandannis to perforin 
such duty. 

Distrirt TiTusiirar. The treasurer should have a 
certificate of his election [see form] and be engaged. 
He need not give Itond unless required. IJiit if the 
district requires him to give l)ond it should run to the 
district, and the district should fix the sum and ap- 
prove of the surety <n- sureties. [See foini.] 

His duties are very simple : to keep the disti'ict's 
money if they have any, pay it out to ordei', and 
keep i>roper accounts of it, and exhibit tiiem to the 
trustees or district when lecpiired. II(^ should always 
make a report at the annual meeting, and a coi)y of it 
should be given to the trustees, in order that he may 
make up his return to the school committee. In case 
the district hires money the treasurer is the one to 
sign the note. [See form.] 

District Collector. The collector should always be 
engaged before beginning his duties. If the district 
requires the collector to give l)ond, the district should 
fix the sum, and, as in ease of treasurer's ]>ond, it 
should run to the district ; and the district should 
api)rove of the surety or sureties. If, however, the 
district votes to have the town collector act, he is to 
give liond to the district, satisfactory to the school 
connnittec. 



216 SCHOOL MANUAL. 



If no compensation is agreed upon before the col- 
lector is elected, he is entitled by law to five per cent, 
upon the amount collected. On the other hand a dis- 
trict cannot vote to pay more than five per cent. 
[See the forms for warrants and tax lists.] 

Trustees. One or three trustees are to be appointed 
by a district at its annual meeting, but the decision, as 
to one or three, must be made before the election of 
any. If by any accident an election is not made then, 
or if a vacancy occurs, the district may elect after- 
wards. Trustees hold their offices until their succes- 
sors are qualified, and can only be removed from their 
office, before the expiration of the term for which they 
were elected, for cause, and after notice and trial. 

If there are three trustees, a majority can act, but 
the action of only one would be void. "Where a body 
or board of officers is constituted by law to perform a 
trust for the public, or to execute a power or perform 
a duty prescribed by law, it is not necessary that all 
should concur in the act done. The act of the major- 
ity is the act of the body. And where all have due 
notice of the time and place of meeting in the manner 
prescribed by law, if so prescribed — or by the rules 
and regulations of the body itself, if there be any, — 
otherwise if reasonable notice is given, and no prac- 
tice or unfair means are used to prevent all from 
attending and participating in the proceeding, it is no 
objection that all the members do not attend, if there 
be a quorum." [21 Pick. 28.] All business must be 
done at a meeting of the board, of which due notice 
was given to all the members. 

The trustees must employ the teacher. In employ- 
ing a teacher or assistant teacher, trustees should be 



REMARKS RELATING TO PUBLIC INSTRUCTION. ,217 

cautious to employ no one who has not a legal certifi- 
cate, and not to employ one after notice that his cer- 
tificate is annulled, as in such a case the trustees 
would be held personally liable for the teacher's wages. 
The trustee has no power either to annul a certificate, 
or dismiss a teacher before the expiration of the time 
for which he was hired. The trustees should see that 
the teacher keeps a proper record of attendance, as 
is required by the authorities, in order that the district 
may receive its due portion of school money next year ; 
and when the school is over, the register should be de- 
posited with the committee. They should require the 
teacher to furnish them with such items of informa- 
tion as are necessary to make out their annual report 
to the town committee, which report should be made 
on the first of May, or sooner if the school is out, or 
at such time as the committee shall fix. Forms for 
these reports will be furnished to the districts, and can 
be obtained from the committee or from the superin- 
tendent. 

If trustees appropriate any of the public money to 
pay a teacher not legally examined, they are liable to 
a penalty. The uses for wdiich the public money may 
be employed are teachers' wages, fuel, janitor's ser- 
vice and necessary books for indigent pupils, with 
some other current expenses. 

If any scholars from without the town or State,. 
can more conveniently attend school in any other 
district and desire to do so, the trustee of the 
district is authorized to make the necessary ar- 
rangements, subject to the approval of the school 
committee. They should also take care that the 
school is kept in a house which will not be disap- 

19 



218 SCHOOL MANUAL. 



proved of by the committee of the town. To that 
end the trustees are authorized to make repairs that 
are immediately necessary for the preservation of the 
property and the maintenance of the scliool, without 
a vote of the district, and the district would be obliged 
to pay for such repairs. While the control and care 
of the school property is in the hands of the trustee 
he has no right to remove or dispose of any of it, ex- 
cept by vote of the district. As the custodian of the 
school-house he may allow its use for purposes con- 
nected with education, even against the wish of the 
district, but he cannot be compelled to allow its use 
for such a purpose, provided he does not think it best. 
Nor can he allow its use for religious meetings, if a 
single tax-payer objects. If, however, the school- 
house has been given to the district under certain con- 
ditions, the trustee will be bound thereby. 

Trustees should regard the visiting of the schools 
as one of the most important of their duties, which 
should by no means be neglected. 

When a district is organized and has trustees, they 
are the only district officers authorized to notify the 
annual and special district meetings, and they cannot 
delegate this power, and if there is no district school- 
house, or place appointed by the district, they are to 
fix the place of meeting. A special meeting may be 
called within the time fixed foi' another meeting, if the 
length of time will permit, provided the object thereof 
is different. If the trustees on application neglect to 
call a meeting, the school committee may call it. 

Trustees, for refusal to discharge auy duty, call a 
meeting, assess a tax, etc., etc., are liable to a penalty. 
And the supreme court would probably, upon applica- 



REMARKS RELATING TO PUBLIC INSTRUCTION. 219 

tion, compel any school officer, b}' writ of mandamus, 
to discharge any duty plainly imposed on him by the 
law. 

Trustees should encourage meetings of teachers in 
their neighborhoods for mutual improvement, and 
also insist upon their attendance ujjon all institutes 
and other similar gatherings, and as far as possible aid 
them in going to and from such meetings. If any teacher 
neglects or refuses to attend a teachers' institute, when 
organized under proper auspices, and when he can con- 
veniently, it should be regarded as a sign of unfitness 
for the place. No one is so well qualified, as not to be 
able to learn from his fellows many useful hints as to 
methods of teaching, books, etc., and no one should 
be unwilling or too proud to learn. 

If the committee authorize schools to be closed, 
the trustee has no power to prevent it and cannot 
compel a teacher to make up such days or legal holi- 
days, except by special agreement. 

Trustees have no authority to make any rules and 
regulations in regard to the school, such as, times of 
sessions, recesses, studies, etc. They can however 
fix the limits of the school terms, subject to some 
general rules of the committee. And in this connec- 
tion they should be very particular to notify the com- 
mittee or superintendent of the beginning and ending 
of every term, in order that the schools may be prop- 
erly visited. 

Trustees should see that an inventory of all the 
maps, 1)ooks and other property belonging to the dis- 
trict, is made from time to time, and preserved among 
the papers of the district. 

Every district should possess a dictionaiy, maps of 



220 SCHOOL MANUAL. 



the State, the United States, and of the town (if there 
is one) , a globe, and such other apparatus and works of 
reference as the means of the district, or the public 
spirit thereof, will allow. "With the aid now given by 
the State, no district need be without these essentials 
to a good school. 

Trustees should recollect that in order to obtain 
from the school committee any order for money, they 
must have made a proper return from their district, 
for the year ending on the first of May previous, and 
must also furnish to the committee a certificate that 
the "teachers' money," (that is, the money which the 
district received from the town treasurer as their part 
of the State appropriation,) for the year ending the 
first of May previous, has been applied to the wages 
of teachers, and to no other purpose whatever. 

The return of the district should include the whole 
time during which any portion of the public money 
has been used to support the school, and should include 
all expenditures for the benefit of the school, whether 
from district funds or any other source, and should 
state all the sources whence the moneys were obtained.* 

Trustees are cautioned in reference to these returns, 
that the committees have been instructed to refuse to 
draw their orders except upon the receipt of the proper 
return fully and accuratel}^ made out. 

If a trustee removes from the district he ceases to 
be trustee from the date of his actual removal, and 
therefore cannot act at all as trustee after that date. 

In assessment of taxes, which must be done by the 
trustees, and not by assessors, the trustee has no power 
to remit, or alter valuation. He has no discretionary, 
power in the matter. 



IlEMAUKS RELATING TO PUBLIC INSTRUCTION. 221 

Where the district maintains an evening school, the 
trnstee wonld sustain exactly the same relation to it, 
as to the day schools. 

Qualifications for office. In order to be eligible to 
any district office, a person must possess the qualifica- 
tions of a voter ; and any voter may be elected to any 
district office. 

It is sufficient if the person elected have the qualifi- 
cations of a voter at the time of his election. He 
will not afterwards lose the office by simply losing his 
qualification to vote. 

Engagement. Every officer must be engaged by 
some one duly authorized to administer oaths before 
he enters upon the discharge of his duties. The fol- 
lowing officers may administer the oath to school dis- 
trict officers : the moderator of the district, district 
clerk, town clerk, president of town council, trial jus- 
tice, justices of the peace, and public notaries. AVhen 
an officer is engaged at any other time than in the dis- 
trict meeting, he should always receive a written cer- 
tificate of his engagement. [See form.] 

The same person may hold more than one office at 
the same time, where the duties of the two do not con- 
flict, or where the law does not make one officer re- 
sponsible to the other : that is, one person may be 
both moderator and trustee or collector ; but the two 
offices of moderator and clerk cannot be filled by the 
same person at the same time, neither the offices of 
trustee and collector, nor those of collector and treas- 
urer. 

Vacancies in office are always created by absolute 
removal from the district, and an officer has no au- 

19* 



222 SCHOOL MANUAL. 



thority to act after such removal. But great care 
should be taken before proceeding to fill any such 
vacancies, to see that the evidence of the removal 
and consequent vacancy is incontestible ; for there is 
often a temporary removal or absence which could 
not be regarded as a legal removal, and anj' attempt 
to fill the so-called vacancy would lead to difficult3^ 

Resignations should always be given in writing, ad- 
dressed either to the clerk of the district, or the trus- 
tee. Oral resignations are so liable to be the source 
of misunderstanding that they should never be used. 
A resignation can be withdrawn any time before it 
has been accepted, either formally, or by filling the 
vacancy. 

All district officers are to be elected annually, but 
all school officers, whether town or district, will hold 
over till their successors are not only elected, but 
qualified. A pecuniary interest in the introduction of 
any school text-book disqualifies an}' school officer 
whatever from continuing in his ofliice. 

Voting. To enable a person to vote in a district 
meeting, he must reside in the district and possess 
the qualifications requisite to entitle him to have his 
name put upon the voting list of the town at that 
time ; but his name need not actually be upon the list. 
To vote as a tax-payer, a man must pay, or be able 
to pay, a town and State tax of at least one dollar. 

Tax paying residents alone have the right to vote 
on questions involving the expenditure of monej^, 
but a non-resident, though a tax-paj^er, has no vote 
at all. Registry voters are qualified to vote for 
one year from the time of the pa^^ment of their reg- 
istry tax. 



KEMAUKS RELATING TO PUBLIC INSTRUCTION. 223 

If a person residing in a, joint district moves from 
one (otrn to the otlier, he loses his vote in that district, 
till he has gained it in the other town. 

Certificate voters, so-called, cannot vote for school 
district officers. 

Meetiufjs. As to notifying meetings, see chapter 
52, section 5. A meeting called by only one notice is 
never legal, nor where the notice is signed by any 
other i)ersons than the trustees or school committee ; 
all business transacted at an illegal meeting is void. 

The notice for an annual meeting need not specify 
any of the items of business. But every notice of a 
sjiecUd meeting must state specifically what business 
is to be done, or it will be illegal. All notices must 
be posted at least five days before the meeting. [See 
form.] When met, the meeting must organize by 
choosing a moderator and clerk. The moderator need 
not be engaged. The clerk, whether regular or pro 
tem, must be engaged before he enters upon the dis- 
charge of his duties. He may then engage all other 
district officers, and his record will be evidence of his 
own and their engagements. If there is a failure to 
appoint officers at the annual meeting they may be ap- 
pointed afterwards, and vacancies may be filled at any 
time. 

If the moderator refuses to put questions to vote, 
or if he or any other district officer violates the law, 
he is liable to pay a fine, or to be brought before the 
Supreme Court and compelled to act. 

The annual district meeting is to be in April, l)ut 
special meetings may be called by the trustees at any 
time as their judgment may decide. Any legal meet- 
ing may adjourn to a specified time, and continue at 



224 SCHOOL MANUAL. 



that adjournment the business which was specified in 
the call, or which it was proper to consider at the first 
meeting. 

Inhabitants of districts may be witnesses in all 
cases, and so may prove (if disputed) the legality of 
the notice and meeting, but the clerk's record that the 
meeting has been duly notified will be prima facie 
evidence of the fact. 

Q.Korum. It has been repeatedly decided in the 
courts of England and this country, that at common 
law, where there is no statute provision, when a meet- 
ing of a corporation, consisting of an indefinite num- 
ber of persons, (as towns, districts, etc.,) is properly 
notified, no particular number is necessary to form a 
quorum, but a majority of those present may act. 

To require a majority of the voters of the district, 
would in many cases prevent the doing of any busi- 
ness at all. And to fix any particular number would 
be difficult, because there are some districts where 
this number would be more than the whole number of 
voters. The law has therefore required the notice of 
the meeting to be given with great particularity, and 
then presumes that every voter, who does not attend, 
assents to what is done by those present. 

At the same time it will not be advisable to proceed 
in any matter of importance, such as laying a tax, 
etc., unless a respectable number of voters attend. 

Order of bnsiness. A district has full power to 
make its own rules of order, and any district meeting 
is competent to overrule any decision or ruling of the 
moderator, and he is bound to conform to their votes 
in such matters. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 225 



In the electiou of otticers wliere only one person is 
nominated, it is generally enongh to call for all in favor 
of his election to say, ''aye," and all opposed to say, 
'^ no." If there is the least doubt in the moderator's 
mind as to the vote, he should take it again, by show 
of hands. Where two or more persons are nominated 
for the same office, a ballot should always be taken by 
the moderator. If a ballot is called for on any 
question and the call is seconded, the moderator 
should put the question to the meeting, whether they 
will have a ballot. If the call is not seconded he can 
act his own pleasure. If a request is made for a rec- 
ord of the voters and how they voted, it must be taken, 
but the request must be made before the voting liegins. 
A district ma}' therefore reconsider a vote at any time 
as well upon the motion of one who did not vote for 
it, as upon that of one who did ; and the district may 
also rescind an}' vote at any time, before any contract 
has been made under it. But after a contract has been 
made, or an individual has incurred any expense or 
liabilities in consequence of a vote of the district, 
they cannot with justice rescind it. And if it is re- 
scinded, they will be held liable to make good all 
damages and losses incurred. 

A subsequent meeting cannot by vote legalize the 
illegal action of a preceding meeting. 

TAXATION. 

General provisioNS. The districts have power to 
build, purchase, hire and repair school-houses, provide 
blackboards, maps, furniture, and all necessary and 
useful appendages. The law gives them a general 



226 SCHOOL MANUAL. 



power to tax for school purposes. They may tax to 
pay rent of a hu-ed house. They may also tax to re- 
pair a hired house, provided they have a valid lease of 
it for a definite period. They may also tax to main- 
tain a da}^ or evening school, but they cannot impose 
any tuition tax or rate bill on the resident pupils. 
And to guard against any abuse of this power, the 
tax must be approved by the school committee, and 
the plans for building and repairs must also be ap- 
proved by the committee, or, on appeal, by the commis- 
sioner ; but this approval is simply an approval of the 
amount of tax, and not an endorsement of the accur- 
acy or validity of the tax bill. And in all cases of 
levying taxes, it is necessary to vote either a sum cer- 
tain, or a sum not less than a certain sum, and not 
more than a certain sum, or a certain percentage on 
the valuation of the ratable property of the district. 
The amount levied may be greater than the indebted- 
ness of the district. Indeed it is desirable that there 
should be some funds in the treasury all of the time. 
Every vote to levy a tax must specify a time when it 
shall be due, or it will not be collectible. 

All taxes must be voted and collected according to 
the present school act, all the former town and local 
acts being repealed. 

On laying a tax, or on any question relating to the 
expenditure of money, those only are entitled to vote 
who shall have paid, or are liable to pay, taxes ; and no 
tax can be assessed or money hired on the credit of the 
district without the direct vote of the district to that 
effect. 

Assessment of taxes. Unless the district vote to 
have their tax assessed accordius; to the next town 



REMARKS RELATING TO PUBEIC INSTRUCTION. 227 

valuation, the trustee or trustees must proceed to 
make out the tax Ijill according to the last town vahia- 
tion. If there are any complaints of wrong valuation, 
it would be well for the district to postpone the tax 
until the next town assessment is completed, to give 
the parties an opportunity to be heard before the 
town assessors. 

There are no such officers recognized by the law as 
district assessors, and if a district should elect such, 
and they should assess a tax it could not be collected ; 
nor would a tax be collectible if assessed by trustees, 
one or all of whom were subsequently found to be 
disqualified, or illegally elected. 

A vote to assess by the next town valuation is the 
only way for a district to avail itself of any increase 
in the taxable property of the district. The trustee, 
either b}" himself or by assessors, has no right to make 
a new valuation for individuals, or for the whole dis- 
trict indeed, apart from the rest of the town. 

If any property within the district is assessed to any 
person, together Avith property out of the district, so 
that there is no separate valuation of that portion 
which may lie within the district lines, and in the other 
cases referred to in chap. 54, sec. 2, the trustees must 
first endeavor to agree with the parties interested as 
to the valuation of the property, and in case they can- 
not agree they must then apply in writing to one or 
more of the town assessors, living out of the district, 
stating the names of the parties so situated ; and the 
assessor will immediately issue a notice, and at the ex- 
piration of the ten days, proceed to decide and appor- 
tion the valuation, and in his return to the trustee he 
should certify over his official signature to all of the 



228 SCHOOL MANUAL. 



material facts. As the assessor is called upon to act 
in these cases solely upon business of the district, his 
fees should be paid by the district. 

The following is an abstract of the general tax laws 
of the State ; but a trustee or assessor, before pro- 
ceeding to act, should always inquire if they have been 
altered or amended. 

In assessing a tax, real and personal estate must be 
valued separately, and put in separate columns, and 
the assessors must distinguish those who give in a list. 
Taxes on real estate must be assessed to the owner or 
tenant for life, and separate tracts or parcels should 
be separately described and valued, as far as practica- 
ble. They should not be assessed against a person 
deceased, but may be assessed to the estate or heirs 
of the deceased until the assessors have notice of a 
division, and each heir is liable for the whole tax. If 
a tax be assessed on real estate by mistake to a per- 
son not the owner thereof, the tax may be collected 
from such real estate, provided it can be identified, 
and that the real owner has notice of the assessment. 

If any real estate has changed owners since the last 
town valuation, it, of course, must be assessed to the 
actual owners at the time the school-tax bill is made 
out. This is the reasonable construction of the law. 
If the new owner resides out of the district, the pur- 
chase does not carry the property out of the district 
too. It is still taxable where it is situated. 

Persons must be taxed for personal property accord- 
ing to their residence for the greater portion of the 
twelve months next preceding the first day of April 
in each year, unless otherwise provided. But a per- 
son moving into the State will be taxable in the town 



REMARKS RELATING TO PUBLIC INSTRUCTION. 229 

and district where he resides wheu the tax is assessed. 
If a person moves out of the State before the assess- 
ment, he is not liable. The general rule as to taxation 
is, that personal property shall be taxed to the owner 
where he resides, and real estate where it lies. A few 
exceptions from this rule, made by statute, are here- 
after referred to. 

Buildings on leased laud, where the lease is recorded, 
are to be deemed real estate, but in other cases thej- 
would be regarded as personal property. Standing 
wood to be cut and removed, if there is no deed of 
the land, is to be regarded as personal property. It 
has been decided in Massachusetts, that a person re- 
siding on land ceded to the United States, and where 
the State has onl}' reserved a right of serving process, 
is not taxable. (8 Mass. 72 ; 1 Metcalf, 680.) Ma- 
chinery in cotton and woolen factories, merchandise, 
stock in trade, lumber and coal, stock in liveiy sta- 
bles, being permanently located in any town, are to 
be taxed in the towns where located, in the same man- 
ner as if the owner resided there. 

Personal propertj' in trust, the income of which is 
to be paid to some other person, must be assessed to 
the trustee in the town where such other person re- 
sides, if in the State, but if such person lives out of 
the State, then it is to be taxed where the trustee, ex- 
ecutor, etc., resides. 

Personal property in the hands of the executors, 
guardians, etc., is to be taxed to them in the town 
where the deceased dwelt, or the w(ird resides, if a res- 
ident of this State ; but if not, then in the town where 
the guardian resides. 



230 SCHOOL MANUAL. 



Collection of taxes. The taxes must be collected 
by the district collector, or the town collector, if the 
district so votes. A tax paid to the treasurer or any 
other person, does not release the party. If the town 
collector serves, he does not need to be engaged as dis- 
trict collector. 

Before the collector proceeds to the collection of 
the taxes he should see that the provisions of the law 
regarding the assessment have been complied with. 

The mode of distraining and selling personal prop- 
erty is pointed out in the general statutes. The mode 
of notifying and selling land for taxes is also pre- 
scribed by law. In either of the above cases the col- 
lector should be very particular to follow the exact 
letter of the law, keeping tvitJiin, rather than over- 
stepping, its bounds. If a person is taxed for more 
than one ^jarcel of land, the whole tax may be col- 
lected out of any one parcel, and the real estate is 
liable for the tax on both real and personal property. 
A tax warrant remains in force until the whole tax is 
collected, even though a second or third tax may have 
been levied in the meantime. 

If the collector dies, resigns or is removed, the new 
collector, in order to complete the collection, should 
receive a new warrant. The oath of the collector is 
admitted to prove a demand. Any district may offer 
a deduction to those who pay on or before a certain 
time, or impose a percentage on those who do not, not 
to exceed the rate of twelve per cent, per annum. 

All property^ which is exempted from attachment 
b}' the laws of this State, or of the United States, 
such as the uniform, arms, ammunition and equip- 
ments of an officer or private in the militia, household 



RKMARKS RELATING TO PUBLIC INSTRUCTION. 231 

furniture, family stores, tools, etc., cannot be dis- 
trained for taxes. 

Owners of real estate or buildings sold for taxes, 
may redeem within one year after sale, on paying to 
the purchaser the amount paid therefor, with twenty 
per cent, in addition. 

Any person neglecting to appear before the asses- 
sor, after notice given, has no remedy. Any tax or 
assessment not appealed from cannot be questioned in 
court afterwards. Provision is made for correcting 
errors and re-assessing a tax l)y application to the 
commissioner. 

All claims for abatement of taxes must be made to 
the district, who alone have authority to make the 
same ; save in cases where the plea is based upon a 
change of boundaries, when an appeal is allowed to 
the committee, or the commissioner. 

[See the forms and notes, and especially the notes 
to the form of a vote for laying a tax.] 

TEACHERS. 

Every teacher is required to keep a record of all the 
scholars attending the school, their sex, names, ages, 
names of parents or guardians, the time when they 
enter and leave school, their daily attendance, and the 
dates when the school is visited by the commissioner, 
committee, or trustees. These registers should be fur- 
nished by the committee, to whom they are sent liy 
the commissioner. From the register the teacher must 
furnish the trustees with such information as may be 
necessary to make the returns required by the school 
committee. 

It would be well for the teacher to inform the com- 



232 SCHOOL MANUAL. 



mittee of the time of, commencing and closing his 
school, in order that they may know when to visit it, 
as the trnstees sometimes neglect this duty. 

It is important that the register be correctly kept, 
and the average rightly calculated, as upon that de- 
pends in part the amount of money the district will 
receive next year. Moreover accuracy in all of the 
statistics is of the highest importance, and the teachers 
are especially directed to follow carefully the directions 
to be found in the registers. 

The teacher should assist the trustees by all the 
means in his power, in making the proper returns, as 
upon their accuracy and fullness may depend the suc- 
cess or failure of many provisions of the law, as well 
as the wisdom of futnre alterations of it. Full direc- 
tions for making out these returns are to be found on 
all the blanks which are furnished, and these direc- 
tions should be strictly followed. 

The teacher should conform to all regulations of the 
school committee, in regard to hours, studies, disci- 
pline, text-books, etc., as for any violation of them, 
his certificate may be annulled, or he may be dismissed. 
He may, (if the school committee by regulation author- 
ize it) , suspend a scholar temporarily, until a hearing 
can be had before the committee, in which case he 
should immediately notify the committee, and the 
parents or guardian of the child. 

The law fixes no minimum standard of qualifica- 
tions, but it is left for the school committee of each 
town to determine their own standard. Each teacher 
should, however, endeavor to add to his acquirements, 
and should realize that all knowledge is valuable and 
of use in a school-room. 



REMARKS RELATING TO PUBLIC INSTRUCTION. 233 



There is no appeal to the commissioner from a re- 
fusal of a committee to grant a certificate. 

No member of the committee, or superintendent, or 
trustee, can teach any school supported wholly or in 
part by the public moneys, in the town where he re- 
sides. 

If the teacher has a proper sense of the importance 
of his position, and conducts himself accordingly, he 
will secure to himself the affection and respect of the 
people of his district, by exerting his utmost powers 
to promote the moral and intellectual advancement, 
not only of his scholars, but of the community around 
him. The moral influence he may exert by his exam- 
ple and instructions, can hardly be estimated. And 
he may, by encouraging lectures and literary meetings, 
aid in diffusing much useful information. 

Moral instruction should by all means be inculcated 
by the teacher, but yet so as to avoid all sectarian 
comments or bias. 

The rule as laid down in the laws of the State of 
Massachusetts, while it points out and inculcates the 
duty of the teacher to give moral instruction, is care- 
fully drawn to avoid giving countenance to any at- 
tempt to impart sectarian instruction, and may well 
be followed in this commonwealth. 

" It shall be the duty of the teachers to use their 
best endeavors to impress upon the minds of the 
youth committed to their care and instruction, the 
principles of piety, justice, and a sacred regard to 
truth, love to their country, humanity and universal 
benevolence, sobriety, industry, frugality, chastity, 
moderation, temperance, and those other virtues which 



234 SCHOOL MANUAL. 



are the ornament of human society and the basis upon 
which a republican constitution is founded ; and they 
shall endeavor to lead their pupils, as their ages 
and capacities will allow, into a clear understanding 
of the tendencies of these virtues to preserve and per- 
fect a republican constitution, and secure the blessings 
of libertj', as well as to promote their own happiness ; 
and also to point out to them the evil tendency of the 
opposite vices." 

Reading the Bible and praying in schools. The 
constitution and laws of the State give no power to a 
school committee, nor is there any authority in the 
State by which the reading of the Bible or praying in 
school, either at the opening or at the close, can be 
commanded and enforced. On the other hand, the 
spirit of the constitution, and the neglect of the law 
to specify any penalty for so opening or closing a 
school, or to appoint or allow any officer to take no- 
tice of such an act, do as clearly show that there can 
be no compulsory exclusion of such reading and pray- 
ing from our public schools. The whole matter must 
be regulated by the consciences of the teachers and 
inhabitants of the district, and by the general consent 
of the community. Statute law and school commit- 
tees' regulations can enforce neither the use nor dis- 
use of such devotional exercises. School committees 
may recommend, but they can go no further. 

It is believed to be the general sentiment of the 
people of Rhode Island, that this matter shall be left 
to the conscience of the teacher ; and it is expected 
that if he read the Bible as an opening exercise, he 
shall read such parts as are not controverted or dis- 



REMARKS RELATING TO PUBLIC INSTRUCTION. 235 

puted, but such as are purely or chiefly devotional ; 
aud if he pray at the opening of his school, he shall 
be very brief, and conform as nearly to the model of 
the Lord's Prayer as the nature of the case will ad- 
mit. And in all this he is bound to respect the con- 
scientious scruples of the parents of the children 
before him, as he would have his own conscientious 
scruples respected by them in turn ; always, of course, 
taking care that in the means he uses to show his re- 
spect for the consciences of others, he does not violate 
the law of his own conscience. 

In regard to the use of the Bible in schools, two 
observations occur here. If the committee prescribe, 
or the teacher wishes, to have the Bible read in school, 
it should not be forced upon any children whose par- 
ents have any objections whatever to its use. In 
most cases the teacher will have no difficulty with the 
parents on this subject, if he conducts with proper 
kindness and courtesy. In the next place, no schol- 
ars should be required to read the Bible at school, un- 
til they have learned to read with tolerable fluency. 
To use it as a text book for the younger scholars, of- 
ten has the effect of leading them to look upon it with 
the same sort of careless disregard, and sometimes 
dislike, with which they regard their other school- 
books, instead of that respect and veneration with 
which this book of books should always be treated 
and spoken of. 

In the last part of this manual will be found certain 
forms of prayer, which are given, simply as a guide 
to those who wish to use this service and as an indi- 
cation of that form which would be generally accept- 
able to any community. These particular forms are 



236 SCHOOL MANUAL. 



those allowed by law to be used in the public schools 
of Canada, and are both comprehensive in their scope 
and appropriate in their diction. 

Power to punish. The teacher should maintain a 
careful supervision over the conduct of his pupils at 
all times when they are upon the school premises. 
Recesses and the brief periods at the beginning and 
close of school, when the children are mingling to- 
gether in the school yard, are times above all others, 
when the watchful eye of the teacher should be on the 
alert. The conduct of pupils on their way to and from 
school should also not escape the notice of the teacher, 
though the extent of the teacher's authority to enforce 
obedience in such circumstances is much more restric- 
ted than in cases occurring on the school premises. 

This question of the extent of the teacher's author- 
ity has been very widely discussed, and has been the 
subject of many controversies and judicial decisions 
in various States ; and while it is impossible to lay 
down a rule which shall cover all cases, the general 
principles have been quite well defined, and were very 
clearly set forth in a recent case in the Supreme Court 
of this State where a teacher was sued for damages 
on account of unlawful and excessive punishment. 
The court, Mr. Justice Tillinghast presiding, instruc- 
ted the jury substantially, as follows : 

An assault and battery is any unlawful physical 
force used against the person of another. It matters 
not how slight or how great the force, so that it be un- 
lawful and wrongful, it is an assault and battery. 
This defendant is charged with the use of such force 
against the person of the plaintiff. She admits that 



REMARKS RELATING TO PUBLIC INSTRUCTION. 237 

she did use physical force against him — that she did 
punish him with the instrumeut which she has pro- 
duced before you, — so that, the force being admitted 
the first and principal question for j^ou to determine is 
whether it was unlawful or wrongful. If so, she is 
guilty as charged. If not, she is not guilty. 

The defendant justifies her conduct, or seeks to jus- 
tify it, on the ground that she was a teacher in a pub- 
lic school ; that this plaintiff was a pupil under her 
charge ; and that the only force she used was the inflic- 
tion of such reasonable and judicious bodily punish- 
ment, as she lawfully might inflict for the disobedience 
and misconduct of the pupil. That a teacher of a 
public school has the right to inflict corporal punish- 
ment upon a pupil, for sufficient cause, is not disputed. 
He stands, practically, for the time being, in place of 
the parent, and may lawfully and properly inflict such 
punishment as may be reasonable and necessary to 
compel obedience and a due regard for the well-order- 
ing and good government of the school. 

Judge Blackstone says, "The master is in loco 
parentis, and has such a portion of the powers of the 
parent committed to his charge as may be necessary 
to answer the purposes for which he is employed." 

Punishment of this sort should, however, be ad- 
ministered with especial cax-e and prudence, and always 
with temperate zeal and moderation. If in any case 
the punishment is clearly excessive, it then becomes 
unjustifiable, and the teacher is liable. 

It being admitted then, that the teacher has the 
right to punish his pupil for acts of misbehavior com- 
mitted in school, we will enquire as to his right to 
punish for such acts committed before the school was 



238 SCHOOL MANUAL. 



commenced, or after it was dismissed. Upon this 
point there is some difference of opinion in the com- 
munity, but the law seems to be well settled, and is 
this : — that for such misbehavior out of school as has 
a direct and immediate tendency to injure the school, 
to subvert the master's authority, and to beget disor- 
der and insubordination, the teacher may inflict cor- 
poral punishment. " It is not misbehavior generally, ' ' 
says Aldis J., "or towards other persons, or even to- 
wards the master in matters in no ways connected 
with or affecting the school. For as to such matters, 
committed by the child after his return home from 
school the parents, and they alone, have th6 power of 
punishment." But where the offence has a direct and 
immediate tendency to injure the school and bring the 
teacher's authority into contempt, as in this case, 
when done in the presence of other scholars and of 
the teacher, and with a design to insult her, she has 
the right to punish the scholar for such acts, if he 
comes again to school. 

" The misbehavior," says the same Judge, "must 
not have merely a remote and indirect tendency to 
injure the school. All improper conduct or language 
may perhaps have, by influence and example, a remote 
tendency of that kind. But the tendency of the acts 
so done out of the teacher's supervision, for which he 
may punish, must be direct and immediate in their 
bearing upon the welfare of the school, or the author- 
ity of the teacher and the respect due him. 

"Cases may readily be supposed which lie very near 
the line, and it will often be difficult to distinguish be- 
tween the acts which have such an immediate, and 
those which have such a remote, tendency. Hence 



REMARKS RELATING TO PUBLIC INSTRUCTION. 239 

eacli case must be determined by its peculiar circum- 
stances." 

"Acts done to deface or injure the scliool-room, to 
destroy the books of scholars, or the books or appar- 
atus for instruction, or the instruments of punishment 
of the master ; language used to other scholars to stir 
up disorder and insubordination, or to heap odium and 
disgrace upon the master ; writings and pictures placed 
so as to suggest evil and corrupt language, images and 
thoughts to the youth who must frequent the school ; 
all such or similar acts tend directly to impair the use- 
fulness of the school, the welfare of the scholars, and 
the authority of the master. By common consent and 
by the universal custom in our New England schools, 
the master has always been deemed to have the right 
to punish such offences. 

"Such power is essential to the preservation of 
order, decency, decorum and good government in 
schools." 

Of course any direct personal insult or indignity to 
the teacher, as snow-l)alling her, stoning her and other 
like conduct out of school would come within the same 
rule. The reasonable exercise of the teacher's author- 
ity over her pupils both in and out of school, as to 
those things which pertain directly to the well-being 
of the school, must be upheld and sustained, or our 
public school sj'stem will prove worse than a failure. 

If you find, therefore, that the punishment inflicted 
by the defendant in this case was either for miscon- 
duct committed in school, or out of school, under 
such circumstances as I have described to j'ou, and 
that it was not clearly excessive under the circum- 
stances of the case, then the justification set up by 



240 SCHOOL MANUAL. 



defendant is made out, and you will find a verdict of 
not guilty. If you find that the punishment was 
wrongfully inflicted, or excessive, then you will find 
a verdict of guilty and assess such damages in favor 
of the plaintiff as you think him fairly entitled to. 

The jury returned a verdict of Not Guilty. 

The teacher should remember that while the law 
holds him responsible for his acts in the school-room, 
it also protects him while therein employed from all 
external or unofficial interference. No private person 
has an}'^ right, in any circumstances, to enter a school- 
room in school hours to make any complaint or to 
disturb the school in any way. The statute law pro- 
vides a specific penalty for such an ofiience. 

APPEALS. 

The. law has wisely provided .a cheap and efficient 
mode of settling all disputes arising under the school- 
■ law. It was intended to save the expense of litiga- 
tion to districts and individuals, and it is believed 
that it has already had the effect of saving a great 
expenditure of money in this way, as well as effecting 
a more speedy settlement of difficulties, which, if 
continued, would interrupt the harmony of the dis- 
tricts and injure the schools. An appeal may be 
taken to the commissioner [see the forms], and he 
will hear the parties without cost, and his decision is 
to be final as to the facts or merits of the case. When 
questions of law arise, provision is made for laying 
them before one of the judges of the Supreme Court, 
but the judges will not examine or hear the parties 



REMAKKS RELATING TO PUBLIC INSTRUCTION. 241 

upon the facts of the case. When a case is submit- 
ted to one of the judges, it has been decided that the 
commissioner must make a statement of the facts 
as he finds them to be established by the evidence, 
and that this statement is to be submitted, and not the 
evidence itself. 

Any party neglecting to appeal from a vote to tax, 
or an assessment of a tax, cannot question it after- 
wards, provided the meeting was legally notified, and 
the tax approved, etc. 

It has been settled that an appeal brings the whole 
question up, and that the commissioner in many cases 
is not confined to confirming or reversing the proceed- 
ings appealed from, but may make a new decision. 

All appeals, however, should be taken within a 
reasonable time, and before any contract is made, or 
liability incurred, under the vote or act appealed from. 
If the appeal is not made within such a reasonable 
time, that circumstance alone will be a sufficient rea- 
son for dismissing it. And no appeal will be enter- 
tained unless made by the party aggrieved. 

Written notice of the appeal should always be sent 
to the party whose action is appealed from, or to the 
officer whose title is questioned, and as a rule it is 
best to send a copy of the appeal itself, as such a 
course will usually save time. 

Deaf, dumb, blind and idiotic. A State school for 
the deaf has been established in Providence, under 
the control of the Board of Education. It is a day 
school, conducted somewhat after the plan of the 
Horace Maun school in Boston. All residents of the 
State are entitled to free admission. Provision is also 

21 



242 SCHOOL MANUAL. 



made whereby aid may be given to indigent pnpils liv- 
ing out of the city, to enable them to pay their travel- 
ling expenses. 

In addition to the above an appropriation of six 
thousand dollars is made annually by the State for the 
education of the indigent deaf and dumb, blind, and 
idiotic, at such institutions as the governor may de- 
cide upon. 

As there are some of these unfortunates in every 
town in the State, the school committees and friends 
of education and humanity should look them up and 
see that they receive the advantages which the State 
provides so liberally for them. 

LIBRARIES. 

Towns and districts are both authorized to maintain 
school libraries and a slight annual expenditure added 
to the State aid for the supply of school apparatus, 
would soon suffice to equip every school with a good 
working library, than which no better educational 
power exists. In towns where there is no public 
library and where the population is so scattered as 
to preclude the maintenance of one central library, 
such school libraries should be established without fail 
and maintained at a high degree of efficiency. 

In addition to these school libraries, towns are au- 
thorized to establish and maintain free public libraries, 
and several of the towns have such libraries already 
established. In a large number of other towns there 
are free libraries, but they are controlled by associa- 
tions, either chartered directly by the General Assem- 
bly, or organized under the general law relating to 
"Voluntary Associations." The State Board of 



REMARKS RELATING TO PUBLIC INSTRUCTION. 243 

Education is authorized to grant aid from tlie State 
treasury to all such free public lil)raries. The main 
condition is that the use of the library shall be entirely 
free to all the citizens, subject only to such rules as 
are necessary for the proper care of the property. 
This aid cannot be given until the library has attained 
to the size of five hundred volumes. The amount of 
aid is fifty dollars annually for the first five hundred 
volumes, and twenty-five dollars additional for each 
subsequent five hundred. This increase is, however, 
optional with the Board of Education. The Board 
are authorized to make rules and regulations for the 
government of these libraries. Copies of these rules 
can be had always on application to the commissioner. 
If possible it is desirable to establish these libraries 
upon a permanent basis, and that is best secured by 
making them town institutions. Provision is thereby 
made for their constant care and protection and the 
general public is more thoroughly interested in them. 
It often happens however that the first inception of 
such an enterprise must be in the minds of a few pub- 
lic spirited persons, and in that case they should asso- 
ciate themselves together. An outline of the necessary 
articles for such an association will be found among 
the "Forms." 



244 SCHOOL MANUAL. 



Course of Studies. 



The following Course of Studies has been prepared 
mainly for the ungraded, or district, schools. It is 
believed, however, that it will be found adapted, in its 
general outlines, to any system of graded schools. 
It is therefore commended to all schools that are 
working without any definite plan. 

FIRST YEAR. 

Reading. The word or sentence method is recom- 
mended for beginners as preferable to the alphabet 
method alone. Free use should be made of the black- 
board. By means of it the whole class may be taught 
as successfully as a single pupil. Be cautious in 
teaching words before the pupils possess the ideas 
which they are designed to represent. The work of 
this year should be that usually covered by any First 
Reader. 

Spelling. At first depend entirely upon the copying 
by the pupils of the words on the blackboard and se- 
lections from the reader. Use only the script form of 
letters. As fast as the pupils acquire a knowledge of 
the names of the letters, oral spelling can be intro- 
duced as a change. 

Numhers. Teach numbers from 1 to 10 ; using 
first various objects, then giving the names and also 



COURSE OF STUDIES. 245 

the figures. Teach with each number all the possilile 
comltiuations in addition, subtraction, multiplication 
and division. 

Vocal Music. Begin with G for 1, and teach the 
first five tones of the scale, using syllables, scale 
names and words. Secure good articulation and qual- 
ity of tone. Practice writing the notes in various 
combinations. Teach simple, but pleasing rote songs. 
Vocal exercises. 

Draiving. Teach ideas of measure, points and 
lines ; names of lines drawn in different directions 
and angles, with the names of the different kinds. 

Manners and Morals. Give attention to habits of 
personal cleanliness. Present and enforce moral 
truths by means of anecdote and illustration. 

SECOND YEAR. "^ 

Beading. Second Reader begun. Other reading 
of the same grade. Awaken the ideas in the pupil's 
mind, before he attempts to express them. Teach the 
names and common uses of the punctuation marks. 

Spelling. Make up the exercises mainly from the 
reading lessons and from words representing familiar 
objects. The work should be mainly in writing. 

Penmanship. Begin formal and systematic instruc- 
tion. Use slates ruled for the purpose, or paper with 
lead pencil. Begin with the letters 



u = e 



=-m = 9t = /-=^ 



246 SCHOOL MANUAL. 



At first do uot be too critical. Aim at a general uni- 
formity in size and slope. Tracing books may be 
used here and in the next grade to assist in the work. 

Numbers. Teach the different numbers up to 20, 
as in the case of the first ten. Teach also the writing 
and reading of numbers up to 100. Begin combina- 
tions of operations with small numbers, as addition 
with multiplication, or subtraction with division. Aim 
at great facility and accuracy in the use of the first 
twenty numbers. Teach the Roman notation only as 
far as you have gone with the Arabic. 

Language. Begin to teach the use of language by 
first talking with children about familiar objects. 
These exercises should always be carefully prepared 
beforehand, and should be so arranged as, first, to 
lead the pupils to think and speak for themselves, 
and second, to leave distinct and proper impressions 
on their minds. Having obtained oral statements, or 
descriptions from the pupils, then require them to 
write out the same thing on slate or paper. Be satis- 
fied with short and easy steps at first. 

Vocal Music. Carry forward the work in the same 
manner as in first year, up to (6) E. Practice on the 
intervals 1 — 3, 3 — 5, 2 — 4. Pay special attention to 
the tone, that it does not become loud and harsh. 
Rote songs as before. 

Drawing. Teach the different geometrical forms 
involving straight lines. Simple dictation exercises 
introducing design. 

Manners and Morals. General behavior in the 
relations of pupils with one another, with their par- 



COURSE OF STUDIES. 247 

euts, and with their elders or superiors. Enforce 
this and all the moral virtues by precept, example and 
illustration, daily. 

THIRD YEAR. 

Beading. Second Reader completed, and other 
reading matter of similar grade. Begin teaching the 
simplest form of analysis of the reading lesson, thus 
preparing the pupil for a proper stud}/ of his lesson. 

SpeUiiKj. Depend chiefly upon the written exer- 
cises, looking out for accuracy and neatness of exe- 
cution. The spelling-book proper may be introduced 
with care that too difficult words are not taken. 

Penmanship. Teach the rest of the letters of the 
alphabet. Watch the pupils carefully for the detec- 
tion of radical errors and wrong tendencies, and aim 
especially for the correction of the same. 

Numbers. Write numbers up to 1000. Teach the 
principles of the decimal method of numeration. 
Make applications with United States money, and 
measures of length and capacity, both common and 
metric. 

Language. Exercises as in the previous year, in- 
creasing gradually their scope and fulness. Call for 
the products of the memory, either what they may 
have read or heard. Teach the use of capitals and 
the period. 

Geography. Preparatory work. Begin with lessons 
on form, size and place. Teach the structure and use 
of a map or plan. Teach the various geographical 



2i8 SCHOOL MANUAL. 



terms, such as surface, hill, plahi, source, shore, etc., 
as far as possible from the objects themselves, and in 
their absence, from drawings or illustrations. 

Vocal Music. Begin to teach simple songs by note, 
key of C. Complete the work of mastering the scale, 
using any tone from C to F for 1. Teach right use 
of note, scale, staff and names of degrees of the 
staff. 

Draiving. Curved lines and geometrical forms in- 
volving them. Secure as accurate work as possible. 
Begin object drawing. Original design. 

Manners and Morals. General behavior in public 
places. Seek for and improve every opportunity to 
inculcate the highest type of morality. 

FOURTH YEAR. 

Heading. Third Eeader and other matter of the 
same grade. Continue analysis of the reading lesson. 
Begin to note minor matters in enunciation, pronunci- 
ation, etc., and secure their correction. Avoid all 
concert reading, except in case of short selections for 
drill purposes. 

SpeUing. Continue as before. See that all neio 
words in the reading lessons are learned. 

Penmanship. Begin with regular copy books. 
Practice freely on waste paper. Let the teaching be 
mainly done to all of the pupils at the same time. 
Dwell upon the formation of the several letters, secur- 
ing perfect concert of action. 

Arithmetic. Begin written arithmetic. Carry nota- 



COURSE OF STUDIES. 249 

tiou and uunieration to Ijillioiis. C4o through the 
fuudameutal operatious, deriving all rules from the 
processes. Aim for and secure facility and accuracy. 

Language. Have the pupils write out analysis of 
the reading lesson. Let them write short accounts of 
familiar objects or scenes. Scan the exercises as care- 
fully for that which is praiseworthy, as for the errors. 
Be judicious in your criticisms. 

Geography . Teach the earth as a whole from the 
globe, its form, size, motion, etc. ; its grand divisions, 
and main features. Construct map of the hemispheres. 

Vocal Music. Continue work of the third grade, 
letting any degree of the staff represent the pitch 1 . 
Pure, sweet tones to be studiously sought for, not 
only iu these exercises, but also in the recitations. 
Reading at sight, key of C. 

Drawing. Free hand from flat copies. Dictation 
exercises by the teacher. Drawing from memory. 
Original design. 

Manners and Morals. Carry out the plan as set 
forth in the preceding years, endeavoring always to 
leave a vivid and definite impression upon the pupil's 
mind. 

FIFTH YEAR. 

Beading. Third Reader completed, aud matter of 
similar grade. Memorizing of choice selections. Let 
the reading lesson include thorough knowledge of the 
persons, places and events connected therewith. 

Spelling. Continue the same plan as last year, keep- 



250 SCHOOL MANUAL. 



iug the classes of words to be learned within the ready 
mastery and comprehension of the pupils. 

Penmansliip. Two numbers in the copy-books. 
Drill the whole school as before in the proper move- 
ments of the fingers and forearm. 

Arithmetic. Review from the beginning thoroughly 
through division, paying attention only to the simple 
operations. Give practical problems for solution. 
Make the pupils obtain material or data for problems 
of their own. Eequire explanation or reasoning only 
so far as the pupil can understand it. Avoid all mere 
repetitions of formulas of words. 

Geography. Begin with the western continent. 
Teach its divisions. Then take the United States 
as a whole, and teach its subdivisions ; then the New 
England States and lastly Rhode Island in detail. 
Have the pupils draw maps of all countries or locali- 
ties studied. 

Vocal Music. Review of preceding topics, with 
definitions. Teach relative and aljsolute pitch. 

Drawing. Free-hand from memory. Free-hand 
from flat copies. Dictation exercises. Original de- 
sign . 

General Exercises. Elendentary lessons on the facts 
of Botany and Mineralogy. Have pupils make col- 
lections. Manners and Morals enforced as before by 
anecdote, precept and example. 

SIXTH YEAR. 

Reading. Fourth Reader begun, with analyses. 



COURSE OF STUDIES. 251 

Sjielh'ng. Special attention to syllabication. Look 
out for all geographical, historical and biographical 
names which occur in the other studies. 

PenmcDtsJiip. Two numbers of the copy-books. 
Carry on sj'stematic f/*v7/ for a short time each day. 

Arithmetfc. Through fractions, common and deci- 
mal. Finish the Metric System. Take examples and 
problems from daily life. 

Lanf/uarje. Grammatical forms, and simple analy- 
sis. Frequent written exercises. Let each be brief, 
but for a specific purpose. 

Geography. Complete the United States and the 
rest of North America. 

Voccd Music. Daily practice in reading simple mu- 
sic written in the scale of C and G. Teach two-part 
songs by note. Practice in semi-tones. 

Drawing. Continue same course as last year, with 
addition of object drawing and of models from flat 
copy. 

General Exercises. Exercises in Zoology, with 
those birds and animals which can l)e obtained, or 
which are familiar to the pupils. Manners and Mor- 
als to be strictl}' conserved. 

SEVENTH YEAK. 

Reading. Fourth Reader concluded, and reading- 
matter from various sources. Recitations of selec- 
tions. Require careful study of the lesson, for the 
thought, and secure the corresponding proper expres- 
sion. 



252 SCHOOL MANUAL. 



Spelling. Continue as in preceding year. 

PenmansMp. Two numbers of the copy-books, 
with the regular drill exercises. 

Arithmetic. Compound Numbers and Percentage. 
Let examples be such as shall give the pupils facility 
in their work. 

Language. Continue analysis. Take up the sim- 
pler rules of syntax. Note and explain false syntax 
as it is found in the compositions or in conversation. 
Teach the work of making out a plan for a composi- 
tion. 

Geography. South America and Europe. Follow 
the principle of giving less and less detail, the farther 
the country is from the United States, or the less im- 
portant it may be. 

Vocal Music. Teach interval ; compound intervals 
in the scale, and their names ; intermediate tones, 
transpositions of the scale, and to read in the scales 
of G, D, A and E. 

Draimng. Teach the principles of design. Free- 
hand and memory work continued. 

General Exercises. Lessons on the human body, 
with special reference to care of health. Manners and 
Morals in relation to health. 

EIGHTH YEAR. 

Reacling. Fifth Reader. Outside selections. Work 
up all references in the reading lesson, which would 
throw light upon it. 



COURSE OF STUDIES. 253 

iSj^eUiiig. Frequent reviews of the work of the ear- 
lier years should lie interspersed in the regular lessons. 
Continue the spelling of all technical words which oc- 
cur in the regular studies. 

Penmanshiji- Business forms, bills, letters, etc. 

Arithmetic. Interest, simple and compound, with 
all of the common applications of both percentage and 
interest. 

Language. Continue analysis and work in syntax. 
Increase the scope of the compositions. Begin to 
correct and explain the simpler rhetorical errors. 

Geograpliy. Asia and Africa. 

History. United States Historj^, by topics, as far 
as time or circumstances will allow. 

Vocal Music. Review work of previous year. 
Teach the scales of D, A and E, and first and second 
transposition b}^ flats. Practice reading in an}^ scale 
already taught, naming by letters or syllables, any in- 
termediate tone that maj^ be introduced. 

Drawing. Same as last year. 

General Exercises. Simple lessons in the elements 
of Natural Philosophy. Manners and Morals not to 
be overlooked. 

NINTH YEAR. 

Beading. Fifth Reader completed. Selections from 
the best authors. 

iSj^eJJing. General review, both oral and written. 



254 SCHOOL MANUAL. 



Arithmetic. Review from the beginuiug. Square 
aud cube root, mensuration and such other advance 
topics as may be desired, or as time may permit. 

Book-Keeping. The fundamental principles of debt 
and credit. Simple forms of accounts for ordinary 
purposes. Business details aud other matters con- 
nected therewith. 

Language. Critical study of good authors, both 
for grammatical matter, aud also for rhetorical points. 
Composition continued, special care being given to all 
subjects previously taught. 

Geography. The main features of physical geog- 
raphy. Show particularly effect of climate, etc., upon 
productions and the forms of animal life. 

History. United States History concluded, with as 
much local history as time permits. 

Vocal Music. Reviews. Teach scales of E flat and 
A flat. Sing two and three part songs. Pay special 
attention to those singing the lower part. 

Draioing. Free-hand exercises, with design. Geo- 
metrical drawing. 

General Exercises. Lessons in Natural Philosophy 
or Elementary Chemistry. Manners and Morals kept 
prominently before the pupils. 



Suggestions. In the introduction of this scheme 
into any school, care must be taken that only so much 
be attempted as the p?-ese9i^ condition of the school 



COURSE OF STUDIES. 2f)5 

demands. While the work is laid out by 3'ears, it 
should be kept in mind that the order of the topics is 
of primary importance. It may be necessary to in- 
crease or diminish the U'lKjth of tirtie, but the line of 
progression should be rigidly followed. 

The ' ' course ' ' has been made more full than per- 
haps the majority of schools would at present demand, 
or the teachers be prepared to carry into practice. It 
is hoped, however, that it is not too high an ideal for 
any to strive for. At first such studies can be selected 
as are demanded, or are within the mastery of the 
teachers ; leaving the others to be introduced as op- 
portunity shall offer. Success in the introduction of 
this, or any course of studies, will depend upon the 
attention which is given to the work of the schools 
by the superintendent and committee. It will not run 
itself any ])etter tlian any other machine. It must be 
guided. 



256 SCHOOL MANUAL. 



FORMS 



These forms have been prepared in order to assist 
those who may be disposed to undertake any office or 
duty under the school laws, to save them expense and 
trouble, and to bring about a uniformity of practice, 
as far as can be done. These forms, with the excep- 
tion of the oath of office, are not prescribed by law, 
but are believed to conform substantially to the law, 
and to be safe precedents. 



1. Warrant or Certificate of Election of School 
Officers. 

To of greeting : 

This certifies that you, the said were at a 

[towu or district] meeting, held ou the day 

of A. D. 18 chosen to the office of of 

[the towu or district No. ] and are by virtue of 
said appointment fully authorized and empowered to 
discharge all the duties of said office, and to exercise 
all the powers thereto belonging, according to law. 

[l. s.] Witness my hand, and the seal of said [town 
or district] hereto affixed by me, this 

day of A. D. 18 



FORMS RELATING TO PUBLIC INSTRUCTION. 257 



2. Form of Oath to he taken b>/ aU School Officers. 

I, [naming the person] do solemnly swear (or 
affirm) that I will faithfully and impartially discharge 
the duties of the office of [naming the office] accord- 
ing to the best of my al)ilities, and that I will support 
the constitution and laws of this State and the consti- 
tution of the United States, so help me God : (or, this 
affirmation I make and give upon the peril of the pen- 
alty of perjury) according to Chap. 23, Sect 4, Public 
Statutes. 



3. Certificate of Erujagement of ScJiool Officers. 

Town of A. D. 18 

Before the subscriber personally appeared 
and took an oath to support the constitution of the 
United States, the constitution and laws of this State, 
and faithfully to discharge the duties of the office of 
school committee [or clerk, trustee, treasurer of 
school district No. , as the case may be] so long as 
he continues therein. 

A. B., Justice of the Peace, 
or Notary, as the case may be. 



4. Certificate to a Teacher from a Committee. 

This certifies that has passed a satisfactory 

examination in the branches required to be taught, 
and has given evidence of good moral character, and 
authority is hereby given to teach the de- 



258 SCHOOL MANUAL. 



partmeut in the public schools in district No. of 

this town for from date unless this certificate is 

sooner annulled. 

ToAvn. 

Date. 

Chairman. 

Clerk. 

Supt. 

Note. The above need not be signed by more tban one of the officers 
designated. 



5. Form for Annulling a Certificate. 

To the trustees of school districts in the town of 

and all others it may concern : 

Whereas, the school committee of this town did, on 
the day of A. D. 18 issue to of 

a certificate of qualification as a teacher in the 
public schools : Now, know ye, that upon further ex- 
amination, investigation and trial, the said has 
been found deficient and unqualified [or the said 
has refused to conform to the regulations made by the 
committee, as the case may be], and we do, therefore, 
by the authority given us by law, declare the said cer- 
tificate to be annulled and void from this date, of 
which all persons whose duty it is to employ teachers 
of public schools, are hereby requested to take notice. 

By order and in behalf of the school committee of 
the town of 

Date. Chairman or Clerk. 

Note. If a complaint is made against a teacher, it will be imperative 
that he shall be notified for at least five days before a decision on his case. 
And notice of the annulling should be immediately given to the trustees of 
the district, and generally, in order to prevent his being again employed. 



FORMS RELATING TO PUBLIC INSTRUCTION. 259 



6. Memoranchim of a Contract with a Teacher. 

This agreemeut, made this day of A. D. 

18 between A. B., etc. [trustee, school committee 
or agent appointed l)y the school committee, as the 
case may be], of on the one part, and X. Y., of 

on the other part, witnesses, that the said X. Y . 
hereby agrees to teach, for the compensation herein 
mentioned, the school in and for said district 

or town, at [specify the building, if desired], for 

the term of months [or weeks] commencing 

and ending and the said X. Y. further engages 

to exert the utmost of his ability in conducting said 
school, and improving the education and morals of the 
scholars ; to keep such registers and make such re- 
turns to the trustees and to the school committee as 
may be required of him. and in all respects to con- 
form to all such regulations for the government of 
said school as ma}' be made by the school committee 
of said town, and to the provisions of the laws regu- 
lating public schools. And in case the certificate of 
qualification of said X. Y. should be annulled, or if 
he shall not keep the register and make return, as 
aforesaid, or should violate such regulations as afore- 
said, this agreement from thenceforth shall be of no 
effect. And the said [committee, trustee or agent] 
agree to pay the said X. Y. therefor at the rate of 
per month [or per week] , to be paid at the end 
of each month [or the term] out of the school money 
,by law apportioned to said district, and the legal 
assessments which may be made, and in no event out 
of the private property of the contractor. And it 
is further agreed, that the possession of the school- 



260 SCHOOL MANUAL. 



house and its appurtenances shall at all times be con- 
sidered as being in the trustees [or school committee 
or superintendent]. 
[l. s.] Witness our hands and seals hereto, the day 
first above mentioned. 



Sealed and executed 
in presence of 



7. Notice of a Meeting of a District called by the 
School Committee. 

Notice is hereby giA^en that there will be a meeting 
of the legal voters of school district No. in the 

town of at the school-house in said district [if 

no school-house, then the school committee must ap- 
point a place], at o'clock in the noon, on 
the day of A. D. 18 for the purpose of 
organizing said district, of electing officers for said 
district for the ensuing year, of considering the expe- 
diency of building [or repairing] the school-house in 
said district, and laying a tax on the ratable property 
of the district therefor, and of transacting any other 
business which may lawfully come before said meeting. 

By order and in behalf of the school committee of 
said town. 

Date. Chairman, or Clerk. 



8. Notice of Annual District Meeting. 
To the leo-al voters of school district No. of the 



FORMS RELATING TO PUBLIC INSTRUCTION. 2G1 

town of the annual meeting of for the 

choice of officers and the transaction of any other 
business which may hiwfully come before it, will be 
held at on the day of A. D. 18 

at o'clock in the noon. 

Date. 

Trustee or Trustees. 



9. Xotice of Special Meeting. 

A S2^erial meeting of the legal voters of school dis- 
trict No. in the town of will be held at 
the district school-house, on the day of 
A. D. 18 at o'clock [P. M.], for the purpose 
of [here insert every object that is to be brought be- 
fore the meeting]. 

(Signed) A. B., Trustee. 

Note. All notices of disfrict meetings must be posted in two or more 
public places, or published in some newsi)ai)er, for at least five days before 
the meeting. That is, a notice for a meeting on a Saturday must be posted 
the preceding Monday. If called by the trustees at the request of five 
■ qualified voters, the notice must be posted within two days from the time 
the request was made. Care should always be taken to preserve evidence 
of the proper notification of the meeting. Every notice should be dated, 
and signed only by the committee or trustees. 



10. Form of Bequest to be made by Jive Legal Voters 

of a District to the District Trustees for the 

calling of a Special Meeting. 

To the District Trustees of School District No. 

The undersigned, legal voters of school district No. 
of the town of request you, in pursuanc'2 



262 SCHOOL MANUAL. 



of the school law, to call a special meetmg of said 
district, for the purpose of 

Dated this day of A. D. 18 

(Signed) 



11. Commencement of District Records. 

For first meeting. At a meeting of the legal voters 
of school district No. of the town of called 

by the school committee of said town, and notified 
according to law [here in some cases it may be advis- 
able to state particularly how the notice was given] , 
and held according to notice at the district school- 
house [or as the case may be] , on the day of 
A. D. 18 at o'clock in the noon. 

For annual meeting. At the annual meeting of the 
legal voters of school district No. of the town 

of notified by the trustees of said district ac- 

cording to law [in some cases specify as above] , and 
held according to notice at the district school-house 
[or as may be], on the day of A. D. 18 

at o'clock in the noon. 

For special meeting. At a meeting of the legal 
voters of school district No. of the town of 
held (in pursuance of an application to the trustees) 
at on and which meeting was duly notified 

by the trustees as the law requires. 

For adjourned meeting. At a meeting of the legal 
voters of school district No. of the town of 
held according to adjournment, at on 



FORMS RELATING TO PUBLIC INSTRUCTION. 263 



12. Becord of the Choke of Officers, etc. 

The following named persons were chosen to the 
offices set against their respective names, viz. : 
C. D., Clerk, etc. A. B., Moderator. 

Or, instead of the al)ove, say — 

Voted, that A. B., be appointed moderator of this 
meeting. 

Voted, that C. U., be appointed clerk [or trustee, 
treasurer, etc.], of this district [in place of O. P., 
resigned, etc., if such be the case], to hold his office 
until the uext annual meeting, and until his successor 
is appointed. 

The clerk then, in presence of the meeting, took the 
oath in the form prescribed in chapter 23, section 4, 
of the Public Statutes, administered by E. F., Esq., 
moderator [or notary public, justice of the peace, or 
town clerk, as the case ma}^ be]. 

It was moved by A. B., and seconded by C. D., 
that and after discussion the question was put 

and the motion was rejected, or adopted. 



13. Vote of District to devolve care of School on 
School Committee. 

Voted, (if the school committee of this town con- 
sent thei-eto and accept thereof) , that all the powers 
and duties of this district, and the trustees thereof, 
relating to keeping public schools in this district be, 
and they are hereby devolved on said school commit- 



264 SCHOOL MANUAL. 



tee, until this district sliall clioose a new trustee or 
trustees, or sliall otherwise legally direct. 

Note. A copy of this vote, with a proper heading, "At a meeting of," 
etc., attested by the clerk, should he furnished to the committee. 



14. Vote of District to build School-house. 

Voted, that a school-house be erected at or upon 
for the use of the public schools in this dis- 
trict, and that be a committee to cause the 
same to be erected, the said committee first procuring 
the plans and specifications for the building, to be ap- 
proved by the committee of the town, according to 
law, and that the said shall have full power, 
in the name and behalf of the district, to sign, seal 
and execute any contracts which may be necessary to 
carry out this vote, to superintend the execution of 
said contracts, and to do any other matter or thing 
which may be necessary to carr}^ out this vote. 

Note. The location, (unless before made), must be made by the school 
committee. 



15. Form of Contract to build School-house. 

Articles of agreement made and executed on the 
day of A. D. 18 between A. B., of on 

the one part, and School District No. of the 

town of county of State of on the 

other part. 

The said A. B., for himself, his heirs, executors and 
administrators, doth hereby covenant and agree with 



FORMS RELATING TO PUBLIC INSTRUCTION. 265 

the school district and their assigns, that he, the said 
A. B., his heirs, executors and administrators, for the 
considerations herein expressed, shall, and will, with- 
in the space of months from the date hereof, 
erect, build, and completely cover over and finish upon 
[here describe the lot] , and upon such spot in said lot 
as said school district or their proper officers may di- 
rect, a house, out-buildings and fences, for the purpose 
of a district school-house and appendages, according 
to plans, elevation and specifications more particularly 
expressed in a schedule hereto attached and signed by 
said parties, and which is hereby made part and par- 
cel of this agreement ; and also shall and will perform 
and execute all the works mentioned in the said sched- 
ule, and in the manner therein mentioned, and within 
the time aforesaid ; and also shall and will furnish 
and provide at his own charge, good and sufficient 
materials of the sorts and quality expressed in said 
schedule, and all such other materials as may be nec- 
essary for the erecting and fully completing the house, 
out-houses and fences aforesaid, according to the plans 
and specifications aforesaid. 

And it is further agreed between said parties, that 
if the said A. B., his heirs, executors or administra- 
tors, shall not, within the space of time above men- 
tioned, finish and complete all said works as aforesaid, 
then said school district, or their agent, may go on 
and complete said works, at the cost and charge of the 
said A. B., his heirs, executors and administrators, 
and may deduct the same from the compensation here- 
in agreed to be paid for said buildings and works ; and 
the said A. B., his heirs, executors and administrators, 
shall also be liable for any other damages incurred 

23 



266 SCHOOL MANUAL. 



by said district by said failure, and shall also be liable 
to said district for any damages incurred by any other 
unreasonable delay in completing the works aforesaid. 

And the said school district doth hereby covenant 
and agree with the said A. B., his heirs, executors, 
administrators and assigns, that upon the completion 
of said works as aforesaid, the said school district 
shall and will pay to the said A. B., his executors, 
administrators or assigns, on or before the day 

of A. D. 18 the sum of dollars, as full 

compensation for his services in building and complet- 
ing said works. 

And it is further agreed, that if said school district 
or their agents shall direct any more work to be done 
upon or around said buildings than is hereinbefore 
agreed, the said district shall pay the expense thereof, 
in addition to the compensation aforesaid. And if 
said district or their agents shall direct to omit or 
diminish any part of the work hereinbefore agreed to 
be done and expressed in said schedule, then there 
shall be deducted fi'om said compensation, a reasona- 
ble sum, according to the proportion said work omit- 
ted may bear to the work herein first agreed to be 
done. And said district or their proper agents shall 
have a right to direct any additions or omissions as 
aforesaid, and the party of the other part shall be 
bound to comply with and perform the said directions. 

[Clause to refer to arbitration.] 

And lastly, it is hereby agreed between the parties 
aforesaid, that if any dispute shall happen between 
the said district or its agents, and the said A. B., his 
heirs, executors, administrators, or assigns, in rela- 



FORMS RELATING TO PUBLIC INSTRUCTION. 2G7 



tion to the buildings herein agreed to be erected, work 
to be done, the payment of the money, or concerning 
the vahie and expense of any work directed to be 
added or omitted as hereinl>efore mentioned, or con- 
cerning any other matter or thing whatever, relating 
to the construction of this agreement, or the amount 
of any damages* claimed by either party, under its 
provisions, or for any alleged violation thereof, then 
in such case such dispute shall, upon the demand of 
either parby, be left to the award and determination of 
three indifferent persons, one to be appointed in writ- 
ing by each of said parties, immediately thereafter, 
and a third to be appointed in writing by the two per- 
sons so first named. And the said parties hereby 
covenant and agree with each other, that they will 
severally abide by, perform and keep the award and 
determination of the said three persons, or any two of 
them, touching said disputes, provided said award be 
made under the hands and seals of said arbitrators or 
any two of them, within from the time of said 

reference. 

In testimony whereof, the said A. B. hath hereto 
set his hand and seal, and said district, have here- 
to affixed their seal by the hands of duly 
authorized for that purpose, who hath [or have] 
hereto also set their own hands. 

Names of committee or agents, [l. s.] 

Sealed and delivered 

in presence of [l. s.] 

Note. If the district wishes a surety for the performance of a contract 
of A. B., it may be taken by a bond, conditioned for the performance by A. 
B. of the covenants and agreements in an instrument dated [and 

then briefly describe it.] 



268 SCHOOL MANUAL. 



16. Record of a Vote of District to Tax. 

At the annual meeting of the legal voters of school 
district No. of the town of held at 

on according to legal notice issued and signed 

by and posted up at for the five days 

previous required by law [or, at a special meeting 
of, etc., called by, etc.] 

Whereas, this district has voted to build a school- 
house in and for said district [or, to repair the district 
school-house, whatever the cause may be]. 

Voted, that for the purpose of defraying the expense 
thereof, a tax of the sum of dollars [or of 

cents on the hundred dollars] be assessed upon, levied 
and collected from the ratable property in this district, 
in manner provided by law, [and according to the es- 
timate, apportionment and value which shall be affixed 
to said ratable estates in the assessment and tax bill 
of this town which shall next be completed after the 
date of this vote]. 

Note. The above form Is a proper one to submit to the committee for 
their approval. It should be signed by the clerk of the district. 

In case nothing is said about valuation, the law directs the tax to be 
assessed on the last previous town valuation. If, however, the district 
wishes it assessed on the next valuation, it can be done by including the 
last clause. 

Cautions for District Meetings about to assess a tax. 

If there is any doubt about the boundaries of the district, have them de- 
fined by the committee. 

Have the meeting notified for the proper length of time, the notices put 
up as required, and, if the meeting is a special one, let the notice express 
clearly the object of the meeting, and evidence of the notice should be pre- 
served. 

See that only tax-payers vote on the proposition. 

Have all the officers properly engaged. Specify the amount or rate of tax, 
and when to be collected. 



FORMS RELATING TO PUBLIC INSTRUCTION. 269 



The district may give the collection to the regular collector, if there be 
one, or, if there be none, may appoint a collector, or may vote to have it 
collected by the town collector. 

The district need not, but may, require bonds of the collector or treas- 
urer; if they do they should fix the sum and approve the sureties. 

They should agree with the collector for his fees, otherwise he will be en- 
titled to five per cent. 

They may off'er a deduction to those who pay on or before a specified 
time, and may impose a percentage on those who do not pay until after 
such time. 

The location of the house, the plan of the house or repairs, and the 
amount of the tax, must all be approved bj' the school committee, if not 
already done. 



17. Form of a Tax BUI. 

Assessment of the taxes upon the ratable estates in 
school district No. of the town of made hy the 

trustees thereof, according to law, this day of 

A. D. 18 for the purpose of raising the sum 
of dollars, according to a vote of said district, 

passed on the day of A. D. 18 

Names. Real. 1 Personal. | Total. I Tax. 



XoTE. The trustees must sign the tax bill. If the town assessors are ap- 
plied to, it would be well to have them make their certificate at the foot of 
the tax bill, and sign it. The real and personal lists must be kept separate. 



18. Warrant to Collect a Tax., 

To A. B., collector of taxes of school district No. 
of the town of county of and State 

of Rhode Island and Providence Plantations : — 

Greeting 
You, having been appointed collector of taxes for 

said district, are hereby, in the name of said State, 



270 SCHOOL MANUAL. 



authorized and required to proceed and collect the tax 
specified in the annexed rate bill, according to law, 
and to pay the same to the treasurer of the district, 
or to his successor in office, and for so doing this shall 
be your sufficient warrant. 

Given under my hand and seal, at this 

day of A. D. 18 

C. D. [l. s.] 

Trustee of said school district. 

Note. The trustee must issue and sign this warrant in addition to the 
tax bill as above. The collector should also receive from the district clerk a 
warrant or formal certificate of election, which may be in substance accord- 
ing to the form No. 1, and then his engagement can be certified upon the 
back. 

If a bond is required the district should approve the sum and sureties of 
the bond, and the clerk should certify the fact thereon. 

If the town collector is appointed to collect the tax, the above will need to 
be changed in the first line by striking out the words " of school district No. 
" and in the fourth line by striking out the words " for said district " and 
inserting the words " by school district No. of said town." 



19. District Treasiirer' s Bond. 

Know all men, that we, A. B., of county 

of and State of Rhode Island and Providence 

Plantations, as principal, and C. D., of county 

of and State aforesaid, as surety [or sure- 

ties to the satisfaction of the district], are firmly 
held and bound unto the school district No. of the 
town of and State aforesaid, in the full sum of 

[to be fixed by the district] to be paid to the said 
school district or their assigns, to which we hereby 
jointly and severally bind ourselves, our several and 
respective heirs, executors and administrators. 

Sealed and dated the day of A. D. 18 



FORMS RELATING TO PUBLIC INSTRUCTION. 271 

The condition of the foregoing obligation is, that 
whereas the said A. B. was, at a meeting of said 
school district, holden , appointed treasnrer of 

said district. Now, if he shall faithfully discharge 
the duties of said office during his continuance therein, 
and at the expiration of his office, he or his executors 
or administrators shall exhibit a true account, if re- 
quired, and deliver over to his successor, or the order 
of the district, all books, papers and moneys belong- 
ing to the district, in his hands, then the above obliga- 
tion is to be void, otherwise to remain in force. 

Executed in presence of 

[^- ^-l 

[^- s.] 

Note. It may be advisable for the treasurer to receive a formal certifi- 
cate of appointment, or warrant, and then his engagement can be endorsed 
upon it. The above bond need not be given unless the district require it. 



20. District Collector's Bond. 

Know all men, that we, A. B., of State of 

Rhode Island and Providence Plantations, as princi- 
pal, and C. D., of as surety, are firmly held and 
bound unto E. F., of , treasurer of school dis- 
trict No. in the town of and State aforesaid, 
in the full sum of [to be fixed by the district, not ex- 
ceeding double the tax] to be paid to said his 
successors in said oflSce, or assigns, to which we jointly 
bind ourselves, our several and respective heirs, exec- 
utors and administrators. 

Sealed and dated this day of A. D. 18 

The condition of this obligation is, that whereas the 



272 SCHOOL MANUAL. 



said A. B. was, at a meeting of the legal voters of 
school district No. of the town of ap- 

pointed collector of the rates and taxes assessed and 
to be assessed in, by, and upon said district, and the 
said A. B. has accepted said office ; and whereas said 
district on the day of A. D. 18 voted 

that a tax of be assessed on all the ratable 

property in said district, for the purpose of 
and said tax has been legally assessed, and the trus- 
tee of said district hath issued his warrant to said col- 
lector, with said rate bill annexed, for the collection 
of said tax, the receipt of which said rate bill and 
warrant is hereby acknowledged, and by which said 
warrant said tax is to be collected and paid over, on 
or before the day of A. D. 18 Now 

if the said A. B. shall faithfully perform and dis- 
charge said office and trust, and with diligence and 
fidelity levy and collect, as far as. may be done, all 
the taxes that have been, or may be so committed to 
him for collection, during his continuance in office, 
and he, his heirs, executors or administrators shall, at 
all times on proper demand, render an account and 
pay over all the proceeds of such collections to the 
treasurer of said district, or his successors in office, 
according to the directions contained in the warrants 
for their collection, then this obligation is to be void, 
otherwise to remain in force. 
Executed in presence of 

[i^-s.] 

[L- s-J 

Note. The district collector need not give bond, unless required, but the 
law requires the town collector to give a bond satisfactory to the school 
committee. The above form can be readily changed so as to render it suita- 
ble in case of the town collector. 



FORMS RELATING TO PUBLIC INSTRUCTION. 273 



21. Form of Tax Collector's Deed. 

To all to whom these presents may come. I, A. B., of 
eouuty of and State of Rhode Island and 

Providence Plantations, collector of taxes of school 
district No. in said town, send greeting : — 

Whereas the said school district, at a meeting 
duly notified, and held on the day of 

A. D. 18 voted that a tax of dollars be as- 

sessed on the ratable property in said district, for the 
purpose of and said tax was afterwards, viz. : 

on the day of A. D. 18 assessed accord- 

ing to law, and the tax bill in due form delivered to 
me the said collector, with a warrant attached thereto, 
signed by the trustees of said district, requiring me 
to proceed according to law and collect the said tax, 
and pay over the same to the treasurer of the district, 
or to his successor in office, and whereas C. D., of 
neglected to pay the tax assessed against him, and ex- 
pressed in the said tax bill, amounting to the sum of 
dollars, and in consequence thereof, I did on 
the day of levy said warrant upon a cer- 

tain lot or tract of land belonging to said C. D., in 
said district, and did advertise the same for sale ac- 
cording to law, at two [or more] public places in said 
town, for twenty days previous to sale [and also in 
the newspaper printed in ], and on the 

day of A. D. 18 at o'clock in the 

noon, on the premises, being the time and place ap- 
pointed, I proceeded to sell at auction so much of said 
land as was necessary to satisfy said tax and the inci- 



274 SCHOOL MANUAL. 



dental expenses, and E. F., of was the highest 

bidder therefor. 

Now, know ye, that in consideration of the sum of 
dollars, being the amount of said tax and ex- 
penses paid me by the said E. F., I, the said collector, 
do hereby give, grant, bargain, sell and convey unto 
the said E. F., his heirs and assigns, all the right, 
title and interest which said CD. had at the time of 
assessing said tax, in and to the following described 
tract of land, situated in the district and town afore- 
said, containing acres [more or less], and bounded 
[describe], or however otherwise bounded, with all 
[buildings] and appurtenances, being so much of said 
land of the said C. D., levied on as was necessary to 
satisfy said tax and expenses ; to have and to hold 
the same to said E. F., his heirs and assigns forever, 
subject to the right of redemption provided by law. 
And I, the said A. B., for myself, my heirs, execu- 
tors and administrators, do covenant with said E. F., 
his heirs and assigns, that I [have given bond and] 
have- advertised said property as hereinbefore stated, 
and have complied with the terms of the law regulat- 
ing the collecting of taxes, in respect to said sale, as 
hereinbefore stated. 

Witness my hand and seal, this day of 

A. D. 18 

A. B. [l. s.] 

Signed, sealed and delivered 
in presence of 

Town of, etc., A. D. 18 Before me the 

subscriber, appeared A. B., collector of taxes of 
school district No. of the town of and 



FORMS RELATING TO PUBLIC INSTRUCTION. 275 

acknowledged the foregoing to be his free act and 
deed, and his hand and seal to be thereunto affixed. 

O. P. 
Justice of the Peace, Notary Public or Town Clerk. 

Note. In case wliere town collector acts, the onlj- change in the above 
will be in the third line, by dropping the words " of school district Xo." 
In case of unimproved lands owned by persons out of the State, and also of 
improved lands when neither the owner nor occupant lives in the State, 
notice of the sale must be given twenty days in a newspaper. The pur- 
chaser under a tax collector's deed should see that the law has been com- 
plied with, and that his evidence of advertising is preserved. 



22. Form of a Lease. 

These articles of agreement made this day of 

A. D. 18 witness that A. B., of doth 

hereby demise and let unto the school district No. 
of the town of [describe the room or building] with the 
appurtenances, in consideration of the rents and cove- 
nants by said school district herein mentioned to be 
performed, to have and hold the same to the said 
school district and their assigns for the space of 
year, commencing on the day of A. D. 18 

and ending on the day of A. D. 18 

for the purpose of keeping a district school therein, 
and holding such schools or lectures or other literary 
meetings, or meetings of business, as the school com- 
mittee or the officers of said district may deem advis- 
able for promoting the cause of education. And the 
said district agrees to pay therefor the sum of 
per anuuni as rent, and at that rate for any less time 
than a year, the payment to be made to the said A. 



276 SCHOOL MANUAL. 



B., his heirs or assigns, at his residence, on the last 
day of the year [or on the last day of each year in 
the term] , without any notice or demand therefor [pro- 
visions about repairs, loss by fire, etc., may be here 
inserted] . 

Witness the hand and seal of said A. B., and the 
seal of the said district hereto affixed by b}^ said 

district duly authorized, the day and year first above 
mentioned. 



Sealed and executed 
in presence of 



[L. S.] 
[L. S.] 



23. Vote to. take a Lease. 

The district may authorize a person to execute a 
lease for them by a vote as follows : 

' ' Voted, that the trustees of the district [or treas- 
urer] be and they are hereby fully empowered to hire 
a building for the purposes of a school-house for the 
district [here specify the building, and fix the time 
and conditions or leave them at discretion], and to 
make and execute the necessary contracts therefor, 
and to seal, deliver and acknowledge the same in the 
name and behalf of the district. 

Note. If the above lease is to be acknowledged, see the form of ac- 
knowledgment to No. 26. 

A certitied copy of the above vote should be given by the district clerk to 
the person authorized to take the lease. 



FORMS RELATING TO PUBLIC INSTRUCTION. 277 



24. Deed to a School District. 

Kuow all meu, that I, A. B. of iu the State 

of Rhode Island and Provideuce Plantations, in con- 
sideration of the sum of paid me by C. D., 
treasurer of school district No. iu the town of 
and State aforesaid, the receipt of which I ac- 
knowledge, and am therewith fully satisfied and paid 
[if a gift, say, iu consideration of my desire to aid 
and assist in diffusing the benefits of a good common 
school education among the inhabitants of school dis- 
trict No, etc., as the grantor pleases] do here- 
by give, grant, enfeoff, convey and confirm unto said 
school district and their assigns, a certain lot of land 
situated in said town of [describe] or however 
otherwise bounded, with all the appurtenances and 
privileges thereto belonging, to have and to hold the 
same forever to said school district [and their assigns, 
but if there is a desire to prevent the lot ever being 
used for any other purpose, omit assigns and say, for 
the purpose of maintaining thereon a district school- 
house and its appurtenauces, for the benefit of the 
district school of said district, and for no other 
use or purpose whatever]. And I, the said A. B., 
do hereby for myself, my heirs, executors and ad- 
ministrators, covenant and engage to and with said 
school district [and their assigns] that the prem- 
ises are free of all incumbrances, and I have good 
right to sell and convey as aforesaid, and that I, 
my heirs, executors and administrators shall and 
will for ever warrant, secure and defend the prem- 
ises to said school district [and their assigns or to 



278 SCHOOL MANUAL. 



aud for the purpose aforesaid], against the lawful 
claims of all persons whatsoever. And I, E. F., 
wife of the said A. B., for the consideration paid my 
said husband, hereby release unto said school district 
[and their assigns] all my right of dower in the prem- 
ises. [If the premises are under mortgage, a release 
may be here inserted.] And I, G. H., of in 

consideration of the sum of paid to me by 

to my full satisfactiou, do hereby give, grant, bargain, 
sell, assign and convey unto said school district [and 
their assigns] , all the right, title and interest which I 
have in the premises by virtue of any mortgage deed 
thereof [or of any other claim or title whatsoever.] 
In witness whereof we have hereunto set our hands 
and seals this day of A. D. 18 

[i^- s.] 

[^- s.] 

[L- s.] 

Signed, sealed and delivered 
in presence of 

State of county of town of A. D. 

18 This day personally appeared before me 

and acknowledged the foregoing instrument to be 
voluntary act and deed and hand aud seal 

to be thereunto affixed. 

Before £ne, 0. P., Justice of the Peace, Notary Pub- 
lic or Town Clerk (if executed in Rhode Island). 

Note. If the land belongs to a married woman, her name should be in- 
serted as one of the grantors, and the deed altered accordingly. She must 
acknowledge separately from her husband. Use the words of the law in 
the certificate of acknowledgment. See Public Statutes. 



FORMS RELATING TO PUBLIC INSTRUCTION. 279 



2o. Vote appointing an Attorney to sell land belong- 
ing to the District. 

At a nieetiug of the legal voters of school district 
No. of the town of etc., notified as the 

law requires, and held at on the day of 

A. D. 18 

Voted, that A. B., treasurer of said school district, 
be and he is hereby appointed the agent and attorney 
of the district, to sell at his discretion, a certain lot 
of land, situated in and belonging to the district, con- 
taining bounded with the buildings and 
appurtenances, and with full power to affix the seal of 
the district to a deed or deeds conveying the same 
[with covenants of warranty or not, as the district 
may vote] , and in the name of the district to acknowl- 
edge and deliver the same, and receive the purchase- 
money, and give a full discharge therefor. 

A true copy of record : Witness, 

E. F., Clerk of said District. 



26. District Land Deed. 

Know all men, that the school district No. of 

the town of county of State of Rhode 

Island and Providence Plantations, in consideration 
of the sum of paid to A. B., treasurer of said 

district, to and for the use of said district, by M. N., 
of the receipt of which is hereby acknowledged, 

does hereby give, grant, bargain, sell and convey unto 
the said M. N., his heirs and assigns, all the right. 



280 SCHOOL MANUAL. 



title and interest of said school district, in and to a 
lot of land situated in said district, containing 
bounded or however otherwise bounded, with all 

buildings and appurtenances, being the same lot con- 
veyed to said district by deed of H. I. To have and 
to hold the same to said M. N., his heirs and assigns, 
forever. In testimony whereof, the said school dis- 
trict have hereunto fixed their seal, by the hands of 
said A. B., their treasurer, duly appointed for that 
purpose, at a legal meeting of said district, and the 
said treasurer hath hereunto affixed his own hand, this 
day of A. D. 18 

A. B., Treasurer as aforesaid. [l. s.] 
Signed and sealed in presence of 

Acknowledgment. 

State of Rhode Island and Providence Plantations, 
county of town of A. D. 18 The school 

district No. of said town, by A. B., their treasurer 
and attorney for that purpose, by vote of said dis- 
trict appointed, acknowledged the foregoing to be 
their voluntary act and deed, and their seal to be 
thereto affixed ; and the said A. B., treasurer and at- 
torney as aforesaid, also acknowledged his own hand 
affixed thereto, and that the same was the voluntary 
act and deed of himself and of the said district. 

Before me, 

P. Q., 

Justice of the Peace, or Notary Public, or Town 
Clerk. 

Note. It -will seldom, if ever, be advisable for a district to give any- 
thing more than a quit claim deed. If they wish to insert any warranty, it 
■would be best to consult a well informed attorney. 



FORMS RELATING TO PUBLIC INSTRUCTION, 281 



27. Vote to hire Money. 

Voted, that the treasurer of this school district he 
and hereby is authorized to hire dollars for the 

purpose of [here specify the uses to be made of the 
moue}'] and to give the note of the district for the 
same. 

Note. If any instructions as to rate of interest or time are to be given 
they should be inserted immediately after the word " dollars." 



28. District Note. 



R. I., 18 

For value received School District No. of the 

town of of the county of and State 

of Rhode Island, promises to pay A. B., or order, 
dollars on demand [or if a time note, state the 
time], with interest, in accordance with the vote of 
said district, passed at a meeting held on the 
day of • A. D. 18 

CD., Treasurer. 



29. Vote of District to establish a Secondary 
School. 

Voted, That this district will unite with school dis- 
trict No. of this town [or in the adjoining town of 
], in the establishment of a secondary school, 
according to the laws regulating public schools, for 

24* 



282 SCHOOL MANUAL. 



the common benefit of both said districts ; provided 
said school district No. shall also give their consent 
thereto [within from this date] , and that the 

clerk of the district furnish a certified copy of this 
vote to said school district No. and also to the 
school committee that [if said district consents] they 
may take the necessary measures for establishing said 
school. 



30. Vote Prescribing Form of District Seal. 

Voted, That the clerk of the district cause to be 
made a seal for the use of the district, with the figure 
of engraven thereon, and the letters or inscrip- 

tion around its margin, and that the same is 

hereby adopted, and declared to be the common seal 
of this corporation, and shall be kept by the clerk of 
the district. 

Note. Every town, district, or other corporation, shall have a common 
seal, with a suitable device ; but if they have no regular seal, any seal may 
be affixed to any instrument by their authority; for instance, a piece of 
paper attached by a wafer will be considered to be their seal. 



31 . Order on School Fund. 

To treasurer of the town of 

Pay to on account of school district No. 

of this town, or order, the sum of for 

By order of the school committee of the town. 

Chairman or Clerk. 
Date. 

Note. No order can legally be given on the town treasurer except in pay- 
ment for services rendered or expenses actually incurred. 



FORMS RELATING TO PUBLIC INSTRUCTION. 283 



32. Vote of School Committee to form Joint District. 

Voted., [the school committee of the town of 
coucurring herewith] that a joiut district be formed 
according to the provisions of the acts relating to 
public schools, to consist of school district No, 
of this town, and school district No. of said town 
of and that said districts shall constitute a joint 
district from the time that the school committee of 
said town of shall concur herewith [or if they 

have already passed a similar vote say, from and after 
the passage of this vote]. 

Voted further, that the chairman be authorized, in 
conjunction with the school committee of said town 
of to cause notices to be posted up [in one or 

more places in each of the two districts — specify 
them] for the first meeting of said joint district, to be 
held at on at o'clock in the 

noon [or to be held at such time and place as he may 
agree upon with the school committee of said town of 
] and that the clerk of the committee furnish 
a certified copy of this vote to the school committee 
of the said town of 

Note. A notice signed by the chairman or clerk of each committee 
should be posted up in one or more places in each district. After trustees 
are elected, they will notify the subsequent meetings. 



33. Notice of Change in Text-Books. 

Notice is hereby given that a change in text-books 
in the study of will be proposed for consider- 



284 SCHOOL MANUAL. 



atio^ at the next regular meeting, [or at a meeting to 
be held on (here state the time)]. 
Signed, 

Note. The above notice must be given at a regular meeting of the com- 
mittee. 



34:. An Appeal. 

To A. B., commissioner of public schools of the State 
of Rhode Island and Providence Plantations : 
"Whereas, the school committee, [trustees of school 
district No. of the town of No. ], 

did at a meeting on the day of A. D. 

18 pass a vote — [here copy or insert the substance, 
as nearly as can be procured] . I, the subscriber, ac- 
cording to law, do hereby appeal to you from said 
vote or decision, and claim that the same may be re- 
versed. [Here state plainly and briefly the reasons] , 
Signed, 



85. Notice of Appecd. 

To the School Committee of the town of 

[trustees of school district No. in the town 

of ] 

I hereby notify you, that in conformity with the 
provisions of the laws regulating public schools, I ap- 
peal to A. B., commissioner of public schools, from 
[here specify the vote or decision of the committee, 
trustees, or disti'ict, which is complained of]. 
Signed, 
Date. C. D. 



FORMS RELATING TO PUBLIC INSTRUCTION. 285 

A cop}^ of this notice should be immediately served 
upon the clerk of the committee, clerk of the district, 
or upou the trustee, or trustees who have done the act 
complained of, or upou the parties interested, whoever 
they may l)e. In general it is full as well to send a 
copy of the appeal to the parties. It generally tends 
to expedite the matter. 



36. Form of Incorporation for a Public Library. 

The following is submitted as a suitable form for 
the constitution of an association for establishing and 
maintaining a free public library : 

We, the subscribers, agree to associate and incorpo- 
rate ourselves for the purpose of maintaining a public 
library, by the name of the under the provi- 

sions contained for that purpose in chapter 160 of the 
Public Statutes, and to be governed by the following 
constitution : 

Article 1. This association shall be called the 
The liljrary shall be established and main- 
tained at in the town of 

2. The officers of the association shall be a pres- 
ident, vice-president, secretary, treasurer, and libra- 
rian, who shall constitute a board of directors for the 
management of the business of the association, 
according to such rules as the association may from 
time to time adopt. 

3. The annual meeting shall be held at on 
when the above-named officers shall be elected. Any 



286 SCHOOL MANUAL. 



officer shall be elected by ballot if demanded by any 
members. Special meetings may be held at 
any time upon the call of the president or secretary, 
public notice having been given at least five days be- 
fore holding the meeting. 

4. Any member, for disorderly or immoral conduct, 
may be expelled, and any officer, for misconduct, may 
be removed at any regularly notified meeting of the 

society. 

5. The directors may make all such regulations 
as they may deem proper for the government of the 
library, and prescribe fines for non-compliance, and 
may, in any case of misuse of books, prohibit any per- 
son from using the library until satisfaction is made. 

6. The library shall be held by the association, not 
in shares for the benefit of shareholders, but in trust 
for the public benefit ; to be open to all who shall com- 
ply with such reasonable rules as shall from time to 
time be made by the association or directors ; and for 
the purpose of continuing the existence of the corpo- 
ration, the association will from time to time elect as 
members such persons as they shall think most likely 
to co-operate zealously in promoting its objects. No 
member shall be admitted unless proposed at a previ- 
ous meeting. 

7. This constitution may be amended at any an- 
nual meeting, provided notice- of the intended amend- 
ment has been given at some previous meeting. The 
secretary shall cause this constitution and all altera- 
tions thereof to be recorded in the records of land 
evidence of the town of as the law requires. 

The above are all the provisions necessary to be in- 



FORMS RELATING TO PUBLIC INSTRUCTION. 287 

serted iu the coustitutiou. All other piovisious are 
better made in the shape of rules or regulations, which 
ma}' be altered from time to time with less trouble. 

Whenever it is intended to establish a permanent 
libra r}', it will alwaj^s be most prudent to be incorpo- 
rated as above. If a library is owned by several per- 
sons unincorporated, it will be liable to division, and 
each one's interest liable to attachment. In a cor- 
poration, the share only could be attached, and where 
the corporation hold the library merely as trustees (as 
provided in Art. 6, above), no individual would have 
any attachable interest whatever. 



37. Forms of Prayer. 

BEFORE ENTERING UPON THE WORK OF THE DAY. 

O Lord our heavenly Father, Almighty and Ever- 
lasting God, who hath safel}' brought us to the begin- 
ning of this day, defend us iu the same by Thy 
mighty power ; and grant that this day we fall into 
no sin, neither run into any kind of danger, but that 
all our doings may be ordered of Thee to do always 
that which is righteous in Thy sight, through Jesus 
Christ our Lord. Amen. 

O Almight}' God, the giver of everj^ good and per- 
fect gift, the fountain of all wisdom, enlighten, we 
beseech Thee, our understandings by Thy Holy Spirit, 
and grant that whilst with all diligence and sincerity 
we apply ourselves to the attainment of human knowl- 
edge, we fail not constantly to strive after that wis- 
dom which makes wise unto salvation ; that so. through 
Thy mercy, we may dailj'be advanced both in learning 



288 SCHOOL MANUAL. 



and godliness, to the honor and praise of Thy name, 
through Jesus Clirist our Lord. Amen. 

Our Father which art in heaven, hallowed be Thy 
name, Thy kingdom come, Thy will be done in earth 
as it is in heaven ; give us this day our daily 
bread ; and forgive us our trespasses as we forgive 
them that trespass against us ; and lead us not into 
temptation, but deliver us from evil ; for Thine is the 
kingdom, the power and the glory, for ever and ever. 
Amen . 

AT THE CLOSE OF THE WORK OF THE DAY. 

Most merciful God, we yield Thee our humble and 
hearty thanks for Thy fatherly care and preservation 
of us this day, and for the progress which Thou hast 
enabled us to make in useful learning : We pray Thee 
to impress upon our minds whatever good instructions 
we have received, and to bless them to the advance- 
ment of our temporal and eternal welfare ; and 
pardon, we implore Thee, all that Thou hast seen 
amiss in our thoughts, words and actions. May Thy 
good providence still guide and keep us during the 
approaching interval of rest and relaxation, so that we 
may be thereby prepared to enter on the duties of the 
morrow with renewed vigor, both of body and mind ; 
and preserve us, we beseech Thee, now and ever, both 
outwardly in our bodies, and inwardly in our souls, for 
the sake of Jesus Christ, Thy Son, our Lord. Amen. 

Lighten our darkness, we beseech Thee, O Lord; 
and by thy great mercy, defend us from all perils and 
dangers of this night, for the love of Thine only Son, 
our Saviour, Jesus Christ. Amen. 



Index to Public Stitutes. 



[a. stands for article; con. for constitution; c. for chapter; s. for section, 
and p. for page.] 

Abatement of taxes, how and when made, c. 54, s. 6, 
p. 30. 

Absentees, expense, in industrial school paid how, c. 60, 
s. 5, p. 49. 
rules and regulations in regard to, c. 60, p. 48. 

Account of institute appropriations made by commis- 
sioner, c. 59, s. 7, p. 47. 
to be made by school otBcer to successor, c. 61, s. 5, 
p. 51. 

Admission of children of soldiers to any school, c. 61, s. 
13, p. 53. 
to normal school, requirements of, c. 59, s. 2, p. 46. 
to public schools, what does not exclude from, c. 61, 
s. 1, p. 50. 

Agreement in case of dispute, by submitting to commis- 
sioner, c. 58, s. 4, p. 43. 

Aldermen, board of, duties and powers of, as to truants, 
etc., c. 60, s. 3, p. 48. 

American Asylum at Hartford, education of deaf mutes 
at, c. 78, s. 1, 2, p. 58. 

Apparatus, applications recorded to have preference, c, 
49, s. 9, p. 17. 



290 SCHOOL MANUAL. 



Apparatus— Continued. 

appropriation for, how apportioned to towns and dis- 
tricts, c. 49, s. 8, p. 17. 
districts may supply, c. 51, s. 3, p. 22. 
fees, etc. forbidden to school officers for sale of. c. 61, 
s. 11, 12, p. 52. 
Appeals may be made, how, c. 58, s. 3, p. 43. 

when, c. 51, s. 3, p. 23; c. 56, s. 6, 
p. 36; c. 58, s. 1, 5, 8, p. 42; c. 
169, s. 25, p. 61. 
notice of, to be given, c. 58, s. 1, p. 42. 
statement of, to justice supreme court, when and how, 
c. 58, s. 2, p. 43. 
Apportionment of money from State for apparatus, 
how and when, c. 49, s. 8, y>- ^'^■ 
from State, for libraries, how and when, c. 47, s.6, p. 13. 
schools, how and when, c. 49, s. 2, p. 16; 
c. 56, s. 12, 13, p. 37. 
from town for schools, how and when, c. 55. s. 10, p. 

33; c. 56, s. 14, 15, p. 37. 
of property, if district is divided, c. 53, s. 14, p. 28. 
Appraisal of land for school-house, how made, c. 56, 

s. 5, p. 35. 
Apprentices and laborers, provisions in relation to, c. 

169, p. 60. 
Appropriations, by districts may be made, for school- 
houses, schools, etc., c. 51, s. 4, p. 23. 
by State for apparatus, c. 49, s. 7, 8, 9, p. 17. 
evening schools, c. 49, s. 10, p. 18. 
indigent blind, dumb, idiotic, c. 78, p. 58. 
libraries, c. 47, s. 6, p. 13. 
school for deaf, c. 291, s. 4, p. 65. 

of design, c. 316, s. 1, p. 65. 
schools, c. 28, s. 5, p. 6; c. 49, p. 15. 
teachers' institutes, lectures, etc., c. 59, s. 

6, 7, p. 47. 
travelling expenses pupils, normal school, 
c. 59, s. 5, p. 46; State school for deaf, 
c. 291, s. 3, p. 64. 



INDEX TO PUBLIC STATUTES. 291 

Appropriations— C<?nfo"?iMed 

by town for libraries, c. 34, s. 5, 6, 7, p. 7. 

school-houses, schools, c. 34, s. 5, p. 7. 
schools, equal to that received from State, c. 

49, s. 4, p. 16; c. 58, s. 12. p. 45. 
schools, statement to be sent to commis- 
sioner, c. 50, s. 8, p. 20. 
Approval of board of education may be required, when, 
c. 47, s. 8, p. 13; c. 56, s. 22, p. 40. 
of commissioner may be required, when, c. 51, s. 3, p. 
23; 0. 54, s. 5, 7, p. 30; c. 56, s. 3, 16, p. 35; c. 58, 
s. 5, p. 43; c. 60, s. 4, p. 49. 
of committee may be required, when, c. 50, s. 3, p. 
19; c. 51, 8. 3, 4, p. 23; c. 53, s. 5, p. 27; c. 54, s. 7, 
p. 31; c. 55, s. 3, 7, p. 32; c. 56, s. 16, p. 38; c. 58. 
s. 5, p. 43. 

Assembly G-eneral, duty of, con., a. XII., s. i. p. 3. 

limitation to use of school money, con., a. XII., s. 

4, p. 4. 

Assessment of tax, errors how corrected, c. 54, s. 5, p. 30. 

in joint districts how made, c. 54, s. 8, p. 31 ; c. 58, s. 

8, p. 44. 
may be ordered by commissioner, when, c. 54, s. 4, 

p. 30. 
notice of, c. 54, s. 1. 3, p. 29; c. 58, s. 8, p. 44. 
not to be questioned when, c. 58, s. 5, p. 43. 
Assessors, compensation of, c. 46, s. 4, p. 10. 

town, to assess district taxes when, c. 54, s. 2, p. 29; c. 
58, s. 8, p. 44. 
Associate school district, c. 53, s. 1, p. 26. 
Attendance, rules of, made by .school committee, c. 56, 
s. 9, p. 36. 
average, money to be apportioned bj% c. 56, s. 12, 

p. 37. 
average, must be five to draw money, c. 56, s. 18, p. 38. 
reckoned where, in distributing money, c. 55, 
s. 10, p. 33. ■ 
Auctioneers', tax added to school fund, c. 28, s. 2, 
p. 6. 



292 SCHOOL MANUAL. 



Beneficiaries, State, among blind, deaf, etc., selected 
how, c. 78, s. 2, p. 58. 
among blind, deaf, etc., appropriation for schooling 

and clothing of, c. 78, s. 3, 4, p. 59. 
in Brown university how appointed, c. 62, p. 54. 
Blanks for school census, description, c. 50, s. 11, p. 21. 
how to be disposed of, c. 50, s. 12, p. 21. 
for school returns, supplied by commissioner, c. 56, s. 
20, p. 39. 
Blind, indigent, provisions for education of, c. 78, p. 58. 
Board, of education, see Education, board of. 
Bonds, may be required when, c. 51, s. 6, 8, p. 23; c. 58, 

s. 9, p. 44. 
Books, etc., of libraries, malicious injury to, punished, c. 
242, s. 45, p. 62. 
school, trustees to supply how, c. 55, s. 3, p. 32. 
See also Text-books. 
Boundaries of districts, changes in, reported to town 
clerk, c. 56, s. 3, p. 35. 
how altered, etc., c. 56, s. 3, p. 35. 
to be recorded by town clerk, c. 50, s. 9, p. 21. 
Brown University, scholarships in, c. 63, p. 54. 
Burdens of the State, how to be divided, con. a. I, 
s. 2, p. 2. 

Candidates for scholarships in Brown university nomi- 
nated how, c. 62, s.l, p. 54. 
selected how, c. 62, s. 2, p. 54. 
Census, school, when and how taken, c. 50, s. 10, 11, 12, 
p. 21. 
State, when and how taken, c. 63, p. 55. 
Certificate of teacher, annulled when and how, c. 56, s. 
7, p. 36; c. 57, s. 4, p. 41. 
may be signed by whom, c. 57, s. 1, 3, p. 40; c. 59, 

s. 4, p. 46. 
valid how long, c. 57, s. 2, 4, p. 41. 
Chairman of school commfttee, choice and removal of, c. 
56, s. 1, p. 34. 
may sign official papers, c. 56, s. 1, p. 34. 



INDEX TO PUBLIC STATUTES. 203 

Charts, school officers prohibited promoting sale of c. 61, 

s. 11, p. 53. 
Clerk, commissioner may employ, c. 48, s. 2, p. 14. 
district, election of, c. 51, s. 5, p. 23. 

powers and duties of; to be similar to those of 
town clerk, c. 51, s. 6, p. 23; to record 
votes, c. 52, s. 7, p. 25; process against 
district may be served on, c. 58, s. 10, p. 
45; to have charge of records, c. 58, s. 11, 
p. 45. 
Clerk of school committee, choice and removal of, c. 56, s. 
1, p. 34. 
powers and duties of; may sign orders and official pa- 
pers, c. 56, s. 1, p. 34; to transmit to town clerk copy 
of votes affecting boundary lines of districts, c. 56, 
s. 3, p. 35. 
Clerk, town, duties of; to distribute school documents and 
blanks, c. 50, s. 9, p. 21; to record boundaries of 
school districts, c. 50, s. 9, p. 21 ; to take, or cause to 
be taken, the school census, c. 50, s. 10, p. 21. 
Collector, district, duties and powers of, c. 51, s. 6, 7, 8, 
p. 23; c. 54, s. 4, p. 30; c. 55, s. 4, p. 32. 
election of, c. 51, s. 5, p. 23. 
town, may collect district taxes when, c. 51, s. 8, p. 

23; c. 58, s. 9, p. 44. 
to give bond when, c. 51, s. 8, p. 23; c. 58, s. 9, j). 44. 
Collectors, compensation of, c. 46, s, 4, p. 10. 
Commissioner of public schools, approval of, may be 
required when, c. 51, s. 3, p. 23; c. 54, s. 5, 7, p. 30; 
c. 56, s. 3, 16, p. 35; c. 58, s. 5, p. 43; c. 60, s. 4, 
p. 49. 
election of, c. 47, s. 1, p. 12; c. 48, s. 1, p. 14. 
powers and duties of; to be secretary of board of edu- 
cation, c. 47, s. 4, p. 12; to employ a clerk, c. 48, 
s. 2, p. 14; to visit schools, c. 48, s. 3, p. 15; c. 61, 
s, 6, p. 51 ; to secure uniformity of text-books and as- 
sist in establishment of school libraries; c. 48, s. 4, 
p. 15; to report to board of education, c. 48, s. 5, p. 
15; to apportion appropriation for schools and draw 

25* 



294 SCHOOL MANUAL. 



Commissioner, Qtc— Continued. 

orders for same, c. 49, s. 2, 6, p. 16; to attend to ap- 
portionment for apparatus, c. 49, s. 8, 9, p. 17; to 
supervise committees, c. 50, s. 1, p. 18; c. 56, s. 9. p. 
36 ; to withhold order for public money when, c. 49, 
s. 4, p. 16; c. 50, s. 12, p. 31; c. 56, s. 20, p. 39; to 
direct as to taxes, when, c. 54, s. 4, 5, 6, 7, p. 30; to 
prescribe forms for returns, c. 55, s. 5, p. 32; c. 56, 
s. 16, p. 38; to attend to appeals, how and when, c. 
58, s. 1, 2, 3, 4, p. 42; to remit forfeitures, how and 
when, c. 58, s. 12, p. 45; to have care of normal 
school, c. 59, s. 1, p. 46; to expend appropria- 
tion for institutes and lectures, how, c. 59, s. 6, 7, 
p. 47. 
Comm.ittee school, approval of, may be required when, c. 
50, s. 3, p. 19; c. 51, s. 3, 4, p. 23; c. 53, s. 5, p. 27; 
c. 54, s. 7, p. 31; c. 55, s. 3, 7, p. 32; c. 56, s. 16, p. 
38; c. 58, s. 5, p. 43. 

cannot teach where residing, c. 57, s. 6, p. 41. 

election of, c. 50, s. 4, p. 19. 

meetings and quorum of, c. 56, s. 2, p. 34. 

officers of, c. 56, s. 1, p 34. 

powers and duties of; to have charge of schools, c. 50, 
s. 1, p. 18; to supervise superintendent, c. 50, s. 5, 
p. 20; to organize schools when, c. 51, s. 9, p. 24; 
to have sole charge of the schools when, c. 51, s. 10, 
p. 24; c. 55, s. 8, p. 33; c. 56, s. 11, p. 37; to call 
district meeting when and how, c. 52, s. 1, 3, 4, p. 
24; c. 53, s. 3, 9, p. 26; to draw orders when and 
how, c. 53, s. 4, p. 27; c. 56, s. 16, 17, 18, p. 38; to 
arrange district boundaries how, c. 53, s. 7, 8, p. 27; 
c. 56, s. 3, p. 35; to apportion property, and contri- 
butions towards school-houses, when and how, c. 53, 
s. 13, 14, p. 28; to abate taxes when, c. 54, s. 6, p. 
30; to locate school -houses, c. 56, s. 4, 5, p. 35; to 
give and annul certificates, c. 56, s. 7, p. 36; c. 57, 
s. 1, 2, 3, 4, p. 40; to visit schools, c. 56, s. 8, p. 36; 
c. 61, s. 6, p. 51; to make rules and regulations, c. 
56, s. 9, p. 36; to suspend pupils, c. 56, s. 10, p. 37; 



INDEX TO PUBLIC STATUTES. 295 



Committee, eic — Continued. 

to apportion money, when and how, c. 56, s. 12, 13, 

14, 15, 19, p. 87; to suspend schools, when, and to ar- 
range for attendance of scholars in other schools, c. 

56, s. 18, p. 38; to make reports, when and how, c. 

56, s. 20, 21, p. 39; to change text-books, when and 

how, c. 56, s. 22, p. 40. 
qualifications of membership of, con. a. IX, s. 1, p. 3; 

c. 50, s. 4, p. 19. 
Compensation of assessors, town clerks and collectors, 

c. 46, s. 4, 5, p. 10. 
board of education, c. 47, s. 10, p. 14. 
clerk of commissioner of public schools, c. 48, s. 2, 

p. 14. 
superintendents, c. 50, s. 5, p. 20. 
trustees, c. 55, s. 6, p. 32. 
Complainants in case of truancy, etc., appointment and 

duties of, c. 60, s. 6, p. 49. 
Complaints for employment of minors, when to be made, 

c. 169, s. 25. p. 61. 
Conscience, freedom of, secured, con. a. I., s. 3, p. 2. 
Consolidated school districts, c. 53, s. 5, p. 27. 
Constitution, extracts from, p. 1. 
Contract of district, remedy if not fulfilled, c. 54, s. 4, 

p. 30. 
Costs of suit, not taxed to school officers when, c. 58, s. 

6, p. 43. 
securitj' for, courts decide upon, c. 58, s. 7, p. 44. 
Councils, city and town, duties and powers of; to make 

regulations for free libraries, c. 34. s. 6, 7, p.' 7; to 

fill vacancy in oftice of scliool committee when, c. 

50, s. 4, p. 19; to make provisions and arrangements 

for truants, c. 60, s. 1, 3, p. 48. 
Courts decide as to security for costs of suit, c. 58, s. 7, 

p. 44. 
to have jurisdiction of truants, c. 60, s. 2, 7, p. 48. 
Court of common pleas, appeal to, allowed when, c. 56, s. 

6, p. 36. 
Deaf, State school for, c. 291, p. 64. 



296 SCHOOL MANUAL. 



Deaf and dumb, indigent, provisions for education of, c. 

78, p. 58; c. 291, s. 3, p. 64. 

Decision of commissioner final when, c. 58, s. 4. p. 43. 

of justice of supreme court to be obtained and final 

■when, c. 58, s. 2, p. 43. 

Declaration of rights and principles, con. a. I, s. 3, p. 2. 

Deduction from taxes, may be provided for, c. 46, s. 1, 

5, p. 9. 
Design, school of, c. 316, p. 65. 
Diploma from normal school, when to be given, c. 59, s. 

3, p. 46. 
Directors of R. I. school of design, two elected by and 
from board of education, c 316, s. 4, p. 66. 
make report to board of education, c. 316, s. 3, p. 65. 
Dismissal of teacher, when and how, c. 56, s. 7, p. 36; c. 

57, s. 4. p. 41. 
Dispute decided by agreement, when and how, c. 58, s. 4, 

p. 43. 
Distraint for taxes, fees of collector in, c. 46, s. 4, p. 10. 
District, school, associate, c. 53, s. 1, p. 26. 
boundaries, how altered, c. 56, s. 3, p. 35. 
consolidated, c. 53, s. 5, p. 27. 
designated how, c. 51, s. 1, p. 22, 
formation of, c. 50, s. 1, 2, p. 18; c. 53, s. 1, 2, 8, p. 

26; c. 56, s. 3, p. 35. 
joint, c. 53, s. 8, p. 27. 

judgment against, how satisfied, c. 58, s. 8, 9, p. 44. 
legal process against, how served, c. 58, s. 10, p. 45. 
■. meetings, c. 52, p. 24. 
organization of, meetings for, c. 52, s. 1, p. 24; c. 53, 

s. 3, 7, 9, p. 26. 
powers of, c. 51, p. 22; c. 53, s. 1, 2, 5, p. 26. 
providing school-house, not taxed for other districts, c. 

50, s. 3, p. 19. 
records of boundaries, c. 50, s. 9, p. 21. 
suit against, who may answer, c. 58, s. 7, p. 44. 
taxes, c. 54, p. 29. 
Disturbance of meeting or school, penalty for, c. 241, s. 
7, p. 62. 



INDEX TO PUBLIC STATUTES. 297 

Documents and blanks, by whom to be distributed, c. 

50. s. 9, p. 21. 
Donations for public schools, how to be applied, con. a. 

XII., s. 3, p. 8. 
Donors to libraries may prescribe rules for, c. 34, s 7, 

p. 8. 

Education, con. a. XII, p. 3. 

Education, board of, approval of, may be required when, 
c. 47, s. 8, p. 13; c. 56, s. 23, p. 40. 
constitution of, c. 47, s. 1, p. 11. 
election of, c. 47, s. 3, p. 12. 
expenses of, c, 47, s. 10, p. 14. 

meetings of, when and where holden, c. 47, s. 5, p. 12. 
powers and duties of; to elect commissioner, c. 47, s. 
1, p. 12; to make rules and regulations, c. 47, s. 5, 
p. 13; to have charge of libraries, c. 47, s. 6, 7, 8, 
p. 13 ; to make report to general assembly, c. 47, s. 
9, p. 14; to have general supervision of evening 
schools and apportion money therefor, c. 49, s. 10, 
p. 18; to remit forfeitures, c. 58, s. 12, p. 45; to be 
trustees of normal school, c. 59, s. 1, p. 46; to direct 
as to expenditure of appropriation for lectures, c. 
59, s. 6, p. 47; to visit schools, c. 61, s. 6, p. 51; to 
have charge of State school for deaf, c. 291, s. 1, 2, 
3, 4, p. 64; to give orders for school of design, c. 
316, 8. 2, p. 65; to elect directors for school of de- 
sign, 0. 316, s. 4, p. 66. 
term of office, c. 47, s. 2, 3, p. 12. 
Election of board of education, c. 47, s. 3, p. 13. 

school commissioner, c. 47, s. 1, p. 12; c. 48, s. 1, 

p. 14. 
school committee, c. 50, s. 4, p. 19. 

district officers, c. 51, s. 5, p. 23. 
superintendent, c. 50, s. 5, p. 20. 
Electors qualified, rights of, con. a. IX, s. 1, p. 3; c. 34, 

s. 6, 7, p. 7. 
Engagement required of school officers, c. 51, s. 5, p. 
23; c. 61, s. 2, 3, 4, p. 50. 



298 SCHOOL MANUAL. 



Engagement — ConUnued. 

officers holding over not to take a new, c. 61, s. 4, p. 51. 
penalty for not taking, c. 61, s. 5, p. 51. 
Evening schools, appropriation for, and how expended, 

c. 49, s. 10, p. 18. 
Evidence, record of district clerk to be, c. 58, s. 11, p. 45; 

c. 61, s. 3, p. 51. 
Examination of pupils for normal school, c. 59, s. 3, 
p. 46. 
of teachers, c. 57, s. 3, p. 41 ; c. 59, s. 4, p. 46. 
Exclusion of pupils from school, by school committee, c. 
56, s. 10, p. 37. 
on account of age, race or color forbidden, c. 61, s. 1, 
p. 50. 
Exemption from taxation, for schooling, c. 61, s. 13, p. 53. 

of schools, when to cease, c. 61, s. 7, p. 52, 
Expenses of board of education, how met, c. 47, s. 10, 
p. 14. 

Factory labor of minors prohibited, c. 169, s. 21, 22, 23, 

p. 60. 
Fees, etc., not to be offered to school officers, c. 61, s. 12, 

p. 53; not to be received by school officers, c. 61, s. 

11, p. 52. 
Fines, for disturbing meetings or schools, c. 241, s. 7, p. 62. 
for employment of children in factories, c. 169, s. 24, 

p. 61. 
for injury to property of libraries, c. 242, s. 45, p. 62. 
for neglect of duty, c. 46, s. 2, p. 9; c. 61, s. 5, p. 51. 
for violating law, c. 61, s. 15, p. 54. 
and forfeitures remitted, when and how, c. 58, s. 12, 

p. 45 
Forfeitures, c. 50, s. S, 12, p. 21; c. 56, s. 16, 18, p. 38; 

c. 169, s. 24, p. 61. 
of district, to be divided how, c. 56, s, 19, p. 39. 
for employment of children, how used, c. 169, s. 24, 

p. 61. 
of town added to permanent school fund, c. 28, s. 3, 

p. 6; c. 49, s. 5, p. 16. 



INDEX TO PUBLIC STATUTES, 299 

Freedom, religious, how secured, con. a. I, s. 3, p. 2. 
Free public libraries. See Libraries. 

Fund permanent, additions to, c. 28, s. 2, 3, p. 6; c. 49, s. 
5, p. 16. 
income of, how to be used, c. 28, s. 5, p. 6; c. 49, s. 1, 

p. 15. 
provisions of constitution relative to, con. a. XII, s. 

2, p. 3. 

to be in charge of general treasurer, c. 28, s. 1, 4, p. 6; 

c. 49, s. 5, p. 16. 
to be invested how, con. a. 12, s. 2, p. 3; c. 28, s. 1, 

4, p. 6. 

General assembly. See Assembli/ General, 
treasurer. See Treasurer General. 

Government, free, object of, con. a. I, s. 2, p. 2. 

Governor, duties and powers of; to advise with treasurer 
in regard to custody of school fund, c. 28, s. 1, 4, p. 
6 ; to be a member and chairman of board of educa- 
tion, c. 47, s. 1, 4, p. 12; to appoint a person to act 
as commissioner in case of a temporary vacancj', c. 
48, s. 1, p. 14; to aid in selection of beneficiaries to 
Brown University, c. 62, s. 2, p. 54; to select bene- 
ficiaries among deaf, dumb and blind, etc. , and draw 
orders for the same, c. 78, s. 2, 3, 4, p. 58. 

Idiots and imbeciles, provision for education of, c. 78, 

p. 58. 
Illiterates, provision for, c. 60, p. 48. 
Imprisonment for neglect of duty relative to taxes, c. 

46, s. 2, p. 9. 
Industrial school, location and object of, c. 60, s. 3, p. 48. 
Insolvency, taxes to have preference in case of, c. 46, s. 

3, p. 9. 

Insurance of school-house, c. 51, s. 3, p. 22. 
Institutes, teachers', appropriations for expended how, c. 

59, s. 6, 7, p. 47. 
Investment of fund for schools, con. a. XII, s. 2, p. 3; 

c. 28, s. 1, 4, p. 6. 



300 SCHOOL MANUAL. 



Joint school districts, c. 53, s. 8, p. 27. 

Judgments against school districts satisfied how, c. 58, s. 

8, 9, p. 44. 
Justice of supreme court, statemeut iu appeal made to, 

when and how, c. 58, s. 2, p. 43. 

Laborers, provisions in relation to, c. 169, p. 60. 
Land for school-houses, appraisal of when, c. 56, s. 5, p. 35. 
Laws of the State, how to be made, con. a. I, s. 2, p. 2. 
Lectures, etc., appropriations for expended how, c. 59, 

s. 6, 7, p. 47. 
Levy of district taxes, c. 54, p. 29. 

Libraries free, appropriations for, when and how made, 
c. 34, s. 5, 6, p. 7; c. 47, s, 6, p. 13. 
board of education to prescribe rules for, c. 47, s. 7, 

p. 13. 
council, city or town, to prescribe rules for, c. 34, s. 

6, 7, p. 7. 
malicious mischief *to books, etc., how punished, c. 

242, s. 45, p. 62. 
neglect to return books, etc., after due notice, c. 242, 

s. 46, p. 63. 
payments for, from State, how made, c. 47, s. 6, 8, p. 13. 
penalties in regard to, c. 47, s. 7, p. 13. 
powers of towns to appropriate for, c. 34, s. 5, 6, 7, 

p. 7. 
rooms for, how may be provided, c. 34, s. 6, p. 7. 
school commissioner to assist in establishing, c. 48, s. 
4, p. 15. 

Management of normal school vested in whom, c. 47, 
s. 1, p. 11; c. 59, s. 1, p. 46. 

Maps fees to school officers for promoting sale of, prohib- 
ited, c. 61, s. 11, 12, p. 52. 

Masters, apprentices, etc., provisions in relation to, c. 169, 
p. 60. 

Meetings district, c. 52, p. 24; c. 53, s. 3, 9, p. 26. 

where to be held, c. 52, s. 4, p. 25; c. 53, s. 3, p. 26. 



INDEX TO PUBLIC STATUTES. 301 

Meetings — Continued. 

district annual, when to be held and for what, c. 53, 

s. 2, p. 34. 
district annual, how called, c. 53 , s. 5, p. 35. 

special, when and how to be called, c. 53, s. 3, 
5, p. 35. 
of board of education, when and where held, c. 47, 

s. 5, p. 13. 
of school committee, when held, c. 56, s. 3, p. 34. 
or schools, penalty for disturbing, c. 341, s. 7, p. 63. 
Mileage for pupils in normal school paid how, c. 59, s. 

5, p. 46. 
Minors not to be employed when, c. 169, s. 31, 83, 33, p. 
60. 
to attend school, c. 169, s. 33, p. 60. 
Moderator district, election of, c. 51, s. 5, p. 33. 

may engage other district officers, c. 51, s. 5, p. 33. 
need not be engaged, c. 61, s. 3, p. 50. 
Money school, alienation of, forbidden, con. a. XII, s. 4, 
p. 4. 
appropriations State, for schools and apparatus, c. 49, 

p. 15. 
distributed how and when, c. 55, s. 10, p. 33; c. 56, s. 

13, 13, 14, 15, p. 37. 
forfeited by districts, to be divided how, c. 56, s. 19, 

p. 39. 
forfeited by districts, when, c. 56, s. 16, p. 38. 

town, to be added to permanent fund, c. 
38, s. 8, p. 6; c. 49, s. 5, p. 16. 
for report, c. 56, s. 31, p. 40. 
of joint districts, apportioned how, c. 53, s. 4, 6, 11, 

p. 37. 
statements of, to be made by town treasurer, c. 50, s. 

7, 8, p. 30. 
statement of, to be made to trustees by committee, c. 

56, s. 15, p. 38. 
to be received and paid out by town treasurer, c. 50, 

s. 6, p. 30. 
towns may vote, c. 34, s. 5, p. 7. 

26 



302 SCHOOL MANUAL. 



Money, etc. — Continued. 

to be used for teachers' wages only, c. 49. s. 3, p. 16; 
c. 56, s. 16, p. 38. 

tuition, used how, c. 55, s. 9, p. 33. 
Morals, instruction in, by teachers, c. 57, s. 3, 4, 7, p. 41. 

Normal school, c. 59, s. 1, 3, 3, 4, 5, p. 46. 

admission of children of deceased soldiers, etc., c. 61, 

s. 13, p. 53. 
trustees may sign certificates, c. 57, s. 1, p. 41 ; c. 59, 

s. 4, p. 46. 
under supervision of board of education, c. 47, s. 1, 

p. 11; c. 59, s. 1, p. 46. 
Notice of appeal to be given, c. 58, s. 1, p. 43. 

assessments c. 54, s. 1, 2, 3, p. 39; c. 58, s. 8, p. 44. 
district meetings, c. 53, s. 1, 5, p. 34; c. 53, s. 7, 9, p. 

37; c. 58, s. 5, 11, p. 43. 
proposed change of district boundaries, c. 56, s. 3, 

p. 35. 
in regard to books overdue in libraries, c. 343, s. 46, 

p. 63. 
Nuisances prohibited near school-houses, c. 61, s. 8, p. 53. 

Oaths to district officers, administered by whom and evi- 
dence of, c. 51, s. 5, p. 33; c. 61, s. 3, 3, p. 50. 
See Engagement. 
Offering fees to school officers prohibited, c. 61, s. 13, 

p. 53. 
Officers, district, must be engaged except moderator, c. 
61, s. 3, 3, p. 50. 
election of, c. 51, s. 5, p. 33. 
to hold office how long, c. 61, s. 4, p. 51. 
when to give bond, c. 51, s. 6, p. 33. 
and town, cannot teach where residing, c. 57, s. 6, 
p. 41. 
of board of education, c. 47, s. 4, p. 13. 
qualifications of, con. a. IX, s. 1, p. 3. • 

school, cannot have pecuniary interest in text-books, 
c. 61, s. 11, p. 53. 



INDEX TO PUBLIC STATUTES. 303 



Officers, etc.— Continued. 

school, penalties and fines for neglect of duty, and 
liable for damages when, c. 61, s. 5, p. 51. 
Orders for associate and joint schools, c. 53, s. 4, 11, p. 27. 
for teachers' wages, etc., when and how given, c. 56, 

s. 16, 17, 18, p. 38. 
of school committee to be paid by treasurer, c. 50, s. 
6, p. 30. 

who may sign, c. 56, s. 1, p, 34. 
on general treasurer.c. 49, s. 6, 8, p. 16; c. 50, s. 13, p. 
23; c. 56, s. 30, p. ,39. 
Ordinances for Providence schools fi.ved by city author- 
ities, c. 61, s. 10, p. 53. 
for truants, etc., may be made by town councils, and 
to be approved hy commissioner, c. 60, s. 1,4, p. 48. 
Organization of districts, c. 53, s. 1, p. 24. 

associate, consolidated and joint, c. 53, s. 1, 7, 9, 
p. 36. 

Pawtucket, provision for appropriation for library of, c. 

34, s. 7, p. 8. 
Payment for libraries, to whom made, c. 47, s. 8, p. 13. 

what and how made, c. 47, s. 6, 8, p. 13. 
Penalties, fines and forfeitures remitted when and how, 

c. 58, s. 12, p. 45. 
Penalty for breach of ordinances respecting truants, etc., 

c. 60, s. 1, 3, 3, p. 48. 
disturbing meetings or schools, c. 341, s. 7, p. 63. 
employing children, what and how recovered, c. 

169, s. 34, p. 61. 
making false certificate, not delivering copies, or other 

neglect of duty, c. 01, s. 5, p. 51. 
malicious mischief to property of libraries, c. 242, s. 

45, p. 62. 
misappropriating money, c. 61, s. 5, p. 51. 
neglect of duty relative to taxes, c. 46, s. 2, p. 9. 
non-payment of ta.\es, c. 46, s. 1, p. 9. 
non-remittance of returns, c. 50, s. 8, 12, p. 21 ; c. 56, 

s. 20, p. 39. 



304 SCHOOL MANUAL. 



Penalty, etc. — Continued. 

nuisance near school-house, c. 61, s. 8, 15, p. 52. 
refusal to permit schools to be visited by school 
committee and others, c. 61, s. 7, p. 52. 
general, for violation of law, c. 61, s. 15, p. 54. 
in regard to State census, c. 63, s. 7, p. 57. 
See Forfeitures, see Fines. 
Perkin's institution, education of blind at, c. 78, s. 1, 2, 

p. 58. 
Personal property, assessment of, for district taxes, c. 

54, s. 2, p. 29. 
Process against district, served how, c. 58, s. 10, p. 45. 
Property of consolidated districts, title of, c. 53, s. 12, 
13, p. 28. 
of district taxed how, c. 54, s. 1, 2, 8, p. 29. 

who to have charge of, c. 55, s, 1, p. 32. 
Providence, Title IX, how far applicable to, c. 61, s. 9, 
p. 52. 
schools, how regulated, c. 61, s. 10, p. 52. 
Pupils cannot be excluded on account of what, c. 61, s. 
1, p. 50. 
may attend schools in other districts when, c. 56, s. 18, 

p. 39. 
not to attend school without certificate of vaccination, 

c. 61, s. 14, p. 53. 
suspended, when and how, c. 56, s. 10, p. 37 ; c. 61, s. 

1, p. 50. 

Qualifications of applicants for normal school, c. 59, s. 

2, p. 46. 

for office, except school committee, con. a. IX, 

s. 1, p. 3. 
of teachers, c. 57, p. 40. 

of voters in district meetings, c. 52, s. 6, p. 25. 
Quorum of school committee, c. 56, s. 2, p. 34. 

Real estate, assessment of for district taxes, c. 54, s. 2, p. 29. 
Record of district clerk, book for, how furnished, c. 58, 

s. 11, p. 45; prima facie evidence, c. 58, s. 11, p. 45; 

c. 61, s. 3, p. 51. 



INDEX TO PUBLIC STATUTES. 305 

Record, etc. — Continued. 

of vaccinatioa of pupils kept by teacher, c. 61, s. 14, 
p. 53. 
Register to be deposited where, c. 50, s. 16, p. 38. 
examined when, e. 56, s. 8, 16, p. 36. 
kept how, c. 57, s. 5, p. 41. 
Registry taxes, credited to school account when, c. 50, s. 
6, p. 20. 
to be used how, c. 56, s. 14, p. 37. 
Regulations for admission of pupils out of district, c. 
55, s. 7, p. 33. 
for libraries, by whom to be prescribed, c. 34, s. 6, p. 

8; c. 47, s. 7, p. 13. 
for schools, made by whom, c. 56, s. 9, p. 36. 
Religious libert3% how secured, con. a. I, s. 3, p. 3. 
Remedy for over-tax, c. 54, s. H, 6, p. 30. 
Remittance of fines, penalties, etc., when and how, c. 

58, s. 12. p. 45. 
Report of board of education, c. 47, s. 9, p. 14. 

of commissioner of public schools, c. 48, s. 5, p. 15. 
of school committee, c. 56, s. 20, 21, p. 39. 
of directors of school of design, c. 316, s. 3, p. 65. 
Returns of committee, when and how made, c. 56, s. 20, 
p. 39. 
of teachers to school committee, c. 57, s. 5, p. 41. 
of trustees to whom and how made, c. 55, s. 5, p. 32. 
and teachers, what required, c. 56, s. 16, 
p. 38. 
penalties for non-remittance of, c. 50, s. 8, 12, p. 21; 
c. 56. s. 20, p. 39. 
Rights Hnd liberties, what essential to, con. a. XII, s. 1, p. 3. 
and principles, constitutional, paramount, con. a. I, p. 2. 
Rules and regulations for appeals, made Avhen and how, 
c. 58, s. 3, p. 43. 
for schools, made how, c. 56, s. 9, p. 36. 
for libraries, c. 34, s. 6, 7, p. 7; c. 47, s. 7, p. 13. 

Sailors and soldiers, children of, schools free to, when, c. 
61, s. 13, p. 53. 

26* 



306 SCHOOL MANUAL. 



Scholars admitted out of the district, wlien and how, c. 
55, s. 7, p. 33. 

See Pupils. 
Scholarships for Brown University, c. 62, p. 54. 
School committee. See Committee. 

district. See District. 

fund, permanent. See Fund. 
School-houses may be provided by town or districts, c. 

50, s. 3, p. 19; c. 51, s. 3, p. 22; c. 53, s. 2, 14, p. 26. 
furniture and apparatus for, provided how, c. 50, s. 3, 

p. 19; c. 51, s. 3, p. 22; c. 53, s. 2, p. 26. 
insurance of, c. 51, s. 3, p. 22. 
location of, c. 56, s. 4, 5, 6, p. 35. 
nuisances near, prohibited, c. 61, s. 8, p. 52. 
plans for erection and repairs, to be approved, c. 51, s. 

3, p. 23; c. 54, s. 7, p. 31. 
powers of towns to appropriate for, c. 34, s. 5, p. 7. 
taxes for, abated when and how, c. 54, s. 6, p. 30. 
trustees to have charge of, c. 55, s. 1, 2, p. 32. 
valuation of land for, c. 56, s. 5, 6, p. 35. 
School meetings. See Meetings. 

money. See Money. 
Schools, committee have full charge, when, c. 51, s. 10, 

p. 24; c. 55, s. 8, p. 33; c. 56, s. 11, p. 37. 
consolidated and joint district, money for, how 

drawn, c. 53, s. 4, 11, p. 27. 
establishment of, by committee if district neglects, c. 

51, s. 9, p. 24. 

for advanced pupils may be established how, c. 53, s. 

1, p. 26. 
free to children of soldiers and sailors, c. 61, s. 13, p. 53. 
must be maintained by towns, c. 50, s. 1, p. 18. 
penalty for disturbing, c. 241, s. 7, p. 62. 
powers of towns to appropriate for, c. 34, s. 5, p. 7. 
School superintendents. See Superintendent. 
Secretary of State, duty relative to scholarships in Brown 

University, c. 62, s. 2, p. 54. 
Soldiers and sailors, children of, to have free access to 
schools, c. 61, s. 13, p. 53. 



INDEX TO PUBLIC STATUTES. 307 

Submission by agreement, when, c. 58, s. 4, p. 43. 
Suits against districts, wlio may answer and how, c. 58, s. 
7, p. 44. 
costs in, not to be taxed to school officers when, c. 58, 
s. 6, p. 43. 
Superintendent of schools cannot teach where residing, 
c. 57, s. G, p. 41. 
compensation of, c. 50, s. 5, p. 30. 
duties of, c. 50, s. 5, p. 20. 
election of, c. 50, s. 5, p. 20. 
Suspension of pupils by school committee, c. 56, s. 10, 
p. 37; c. 61, s. 1, p. 50. 

Taxation, exemption from, for schooling, c, 61, s. 13, p.53. 

for schools, when to cease, c. 61, s. 7, p. 52. 
Tax, compensation for collection, c. 46, s. 4, p, 10. 

deduction from, or j^enalties for non-payment, c. 46, s. 

1, p. 9. 
for public libraries, authority for, c. 34, s. 5, 6, 7, p. 7. 
for school-houses, c. 50, s. 3, p. 19. 
highway, c. 46. s. 5, p. 10. 
in case of insolvency, c. 46, s. 3, p. 9. 
penalties for neglect of duty relative to, c. 46, s. 2, p. 9. 
registry, when credited to school fund, c. 50, s. 6, 

p. 20. 
Tax, School District, abatement of, how made, c. 

54, s. 6, p. 30. 
approval of, c. 51, s. 4, p. 23; c. 54, s. 7, p. 31. 
assessed how to satisfy judgment against district, c. 

58, s. 8, 9, p. 44. 
assessment in joint districts, c. 54, s. 8, p. 31; c. 58, 

s. 8, p. 44. 
commissioner may order assessment of, in what cases, 

c. 54, s. 4, p. 30. 
errors in, corrected how, c. 54, s. 5, p. 30. 
for school houses, c. 50, s. 3, p. 19; c. 54, s. 7, p. 31. 
levy of, c. 53, s. 2, p. 26; c. 54, p. 29. 
notice of assessment, c. 54, s. 1, 2, 3, p. 29; c. 58, s. 8, 

p. 44. 



308 SCHOOL MANUAL. 



Tax, etc. — Continued. 

regulations in regard to, c. 51, s. 4, p. 23; c. 58, s. 8, 9, 

p. 44. 
town assessors to assess value in -what case of, c. 54, s. 

3, p. 29. 
trustees to make out bill for, c. 55, s. 4, p. 32. 
vote ordering, tinal when, c. 58, s. 5, p. 43. 
who cannot vote for, c. 52, s. 6, p. 25. 
and town, collection of, c. 46, s. 2, 4, 5, p. 9; c. 51, s. 
7, 8, p. 23; c. 58, s. 9, p. 44. 
Tax, Town, for schools must equal that received from 

State, c. 49, s. 4, p. 16; c. 58, s. 12, p. 45. 
Teachers, dismissed when and how, c. 56, s. 7, p. 36; c. 
57, s. 4, p. 41. 
duties and qualifications of, c. 57, p. 40. 
examination by whom, c. 56, s. 7, p. 36; c. 59, s. 4, 

p. 46. 
number, trustees must employ, c. 55, s. 1, p. 33. 
wages of, c. 49, s. 3, p. 16; c. 56, s. 16, 17, 18, p. 38. 
Tenure of office, c. 61, s. 4, p. 51. 

Text-books, change in, made when and how, c. 56, s. 33; 
p. 40. 
fees or pecuniary interest in promoting sale, prohibited 

to school officers, c. 61, s. 11, 13, p. 53. 
rules and regulations required, c. 56, s. 9, p. 36. 
uniformity of, c. 48, s. 4, p. 15. 
Town, construction of word, c. 61, s. 9, p. 53. 

may provide school-houses, c. 50, s. 3, p. 19. 
may vote appropriation for schools, etc., c. 34, s. 5, p. 7. 
must maintain schools, c. 50, s. 1, p. 18. 
when to appoint complainants for truancy, etc., c. 60, 
s. 6, p. 49. 
Travelling expenses pupils normal school paid how, c. 
59, s. 5, p. 46. 
school for deaf paid how, c. 391, s. 3, p. 64. 
Treasurer district, bond not required unless by district, 
c. 51, s. 6, p. 23. 
election of, c. 51, s. 5, p. 83. 
powers and duties; like town treasurer, c. 51, s. 6, p. 33; 



INDEX TO PUBLIC STATUTES. 309 

Treasurer, etc. — Continued. 

orders payable to, c. 56, s. 17, p. 38; writ, sum- 
mons or other process may be served on, c. 58, 
s. 10, p. 45. 
general, duties and powers of; to have charge of school 
fund, c. 28, s. 1, 4, p. 5; to add forfeitures to school 
fund, c. 49, s. 5, p. 16; to pay managers of indus- 
trial school for board, etc., of truants, c. 60, s. 5, 
p. 49. 
town, duties of: to receive and keep account of school 
money, c. 50, s. 6. p. 20; to submit statement of 
school money to committee, c. 50, s. 7, p. 20; to 
submit statement of school money to commissioner, 
c. 50, s. 8. p. 20. 

Truants, expenses at industrial school paid how, c. 60, s. 

5, p. 49. 

rules and regulations in regard to, c. 60, p. 48. 
Trustee cannot employ teacher when, c. 57, s. 1, p. 40. 

cannot teach in town where residing, c. 57, s. 6, 
p. 41. 

election of, c. 51, s. 5, p. 23. 

must be elector, con. a. IX, s. 1, p. 3. 

powers and duties of; to call district meetings, c. 52, 
s. 3, 4, p. 35; need not give notice of assessment of 
taxes, c. 54, s. 1, p. 29; must call upon town asses- 
sors to assess value of property when, c. 54, s. 2, 
p. 29; to have care of school property and employ 
teachers, c. 55, s. 1, p. 32; to provide school-rooms 
■ and fuel, visit schools, and notify committee of 
schools, c. 55, s. 2, p. 32; to supply books, c. 55, s. 
3, p. 32; to make tax bills and issue warrants, c. 55, 
s. 4, p. 32; to make returns, c. 55, s. 5, p. 32; to re- 
ceive no compensation unless from district, c. 55, s. 

6, p. 32; to admit scholars from without the town 
or State, when, c. 55, s. 7, p. 33; may call for at- 
tendance of children in other towns, c. 55, s. 10, p. 33. 

to have notice of annulment of certificate, c. 56, s. 7, 
p. 36; to have notice of apportionment to district, 
c. 56, s. 15, p. 38. 



310 SCHOOL MANUAL. 



Trustees of associate school districts may act how, c. 53, 
s. 2, 3, p. 26. 
of normal school, constitution of, c. 59, s. 1, p. 46. 
duties and powers of; may grant certificates, c. 57, 
s. 1, p. 40; c. 59, s. 4, p. 46; to prescribe examina- 
tions for pupils, c. 59, s. 2, p. 46; to give diplomas 
when, c. 59, s. 3, p. 46; to apportion mileage, c. 
59, s. 5, p. 46. 
Tuition, money for, to be used how, c. 55, s. 9, p. 33. 
terms of, to be decided how, c. 55, s. 7, p. 33. 
at normal school, free when, c. 59, s. 2, p. 46; c. 61, 

s. 13, p. 53. 
at school for deaf, conditions of, c. 291, s. 2, p. 64. 

Vacancy in board of education, how filled, c. 47, s. 3, 
p. 12. 

in district offices, how filled, c. 51, s. 5, p. 23. 

in office of school committee, how filled, c. 50, s. 4, 
p. 19. 

in ofllce of superintendent, how^ filled, c. 50, s. 5, p. 20. 
Vaccination, no pupil to attend school without certifi- 
cate of, c. 61, s. 14, p. 53. 

record of, to be kept by teacher, c. 61, s. 14, p. 53. 
Virtue, principles of, to be taught, c. 57, s. 7, p. 42. 
Visits of committee required, c. 56, s. 8, p. 36. 

of trustees required, c. 55, s. 2, p. 32. 
Vote of district ordering tax, final when, c. 58, s. 5, p. 43. 
Voters in district meetings, who may be, c. 52, s. 6, p. 25. 

record of, to be made by clerk, c. 52, s. 7, p. 25. 

"Wages of teachers, money to be used only for, c. 49, s. 3, 

p. 16; c. 56, s. 16, p. 38. 
orders for, payable to whom and when, c. 56, s. 16, 

17, 18, p. 38. 
Warrant to collect tax, issued by trustee, c. 55, s. 4, p. 32. 

issued by court when, c. 58, s. 8, 9, p. 44. 
"Writs against a district, how served, c. 58, s. 10, p. 45. 



Index to Decisions, Remarks and Forms, 



Account of money used for school purposes, 178, 204, 220. 
Admission of pupils. See Scholars. 
Apparatus, need of, aids for, and inventory of, 219, 220. 
Appeals, 240-241. 

allowance of, 92, 103, 110, 156, 158, 159, 161, 165, 167, 
174, 185, 193, 207, 2H1, 233. 

notice of, 100, 284. 

rehearing of, 160, 161. 

statement of, to judge of supreme court, 161, 241. 
Apportionment of public money for schools. See 

Money. 
Appraisal of land for school-house. See Sclwol-honse. 
Approval of tax, etc., 92, 93, 96, 98, 102, 226, 269. 
Assessment of tax, 92, 96, lOO, 105, 109, 220, 226-231. 
Attendance, irregular, how to be corrected, 197. 

Harrington, appeal from, 120. 
Board of education. See Education. 

of trustees, majority of, must act, 118, 216. 
Bond of school ofHcers and others, 92, 95, 215, 267, 270, 

271, 272. 
Boundaries district, authority for, 105, 183, 268. 

notice of change of, 106, 109, 183, 283. 

record to be kept, 178, 184, 207. 

when school commissioner can define, 158, 159. 

See District. 
Burrillville, appeals from, 72, 73, 87, 158. 



312 SCHOOL MANUAL. 



Census school, 197. 

Certificate of school officers and others, 256, 257, 270, 271. 
of teachers, annulment and limitation of, 126, 127, 155, 

187, 194, 210, 211, 257, 258. 
qualifications necessary for 115, 187. 
must be held when, to draw wages, 123, 160, 217. 
Clarke, Joseph O., appeal of, 77. 

Clerk, district, can hold another district office when, 78, 
221. 
election, records, duties, etc., 213, 223, 276. 
of school committee, duties of, 207. 
election and removal of, 131, 132, 181. 
power of, to do what is discretionary with commit- 
tee, 117. 
town, duties of, 178. 
Collector, district, can hold another district office when, 
79, 221. 
claim and suit against 95, 101, 165. 
election, duties, compensation, etc., 95, 99, 215, 230, 
231, 269, 270, 272. 
tax payable only to, 95, 99, 230. 
town collector may act as, 97. 
warrant of, 93, 100, 269. 
Commissioner of public schools, duties and powers of, 
93, 97, 102, 103, 130, 158, 159, 160, 164, 165, 109, 174, 
176, 240. 
Committee, school, delegation of powers by, 117, 126, 
127, 155, 180, 187, 210. 
duties and powers of, 76, 77, 81, 91, 116, 123, 134, 

136, 139, 153, 155, 159, 179-212, 242. 
election of. See Election, 
meetings of. See Meetings. 
must act bj' majority, when and how, 155, 182. 
organization of, what is necessary for, 131, 181, 207. 
records of. See Records. 
synopsis of duties of, 210. 
special, appointed by district, removal of, 112. 
Contracts with districts and teachers, 72, 74, 76, 77, 92, 
102, 113, 116, 217, 259, 264. 



INDEX TO DECISIONS, REMARKS AND FORMS. 313 

Course of studies, 244-255. 

Court, supreme, jurisdiction of, 159, IGl, 231, 240. 
Coventry, appeals from, 90. 153. 
Cranston, appeals from, 87, 120, 147. 
Cumberland, appeal from, 123. 

Deaf, dumb, blind and idiotic, provisions for education of, 
241-242. 

Decisions, 67-174. 
Deeds, forms of, 273, 277, 279. 
Delegation of powers. See Powers. 
Dismissal of teachers. See Teachers. 
District meetings. See Meetings. 

system, schools uuder, conducted how, 177. 

taxes. See Ta.v. 
Districts, division and boundaries of, 76, 77, 124, 133, 
158, 159, 178, 183. 

formation, discontinuance, or change of boundaries of, 
134, 136, 139, 183, 184, 205, 212, 283. 

hints in regard to laying off, 183-185. 

liable for damages when, 72, 74. 

officers of, 212-222. 

powers of, 69-81, 169, 212. 

Education, board of, duties, powers, meetings, etc., 175. 
Election of school committee, 179, 181, 222. 
of superintendent, 140, 208. 
of trustees, and other district officers. 111, 112, 216, 

222, 256. 
Engagement of school committee or district officers, 

181, 207, 212, 213, 214, 221, 223, 257. 
Evening schools, management of, 206, 221. 
Examinations of teachers or pupils, conducted how, 

186-194, 198, 210. 
Exeter, appeal from, 98. 

Fires in school-room, who cannot be compelled to make, 
128, 157. 

27 



314 SCHOOL MANUAL. 



Forfeitures of money for schools, causes of, 177, 178, 203. 

Forms for, warrant or certificate of election of school 
officers, 256; oath to be taken by school officers, 257; 
certificate of engagement of school officers, 257; 
certificate to a teacher, 257; annulling a certificate. 
258; memorandum of contract with a teacher, 259; 
notice of district meeting called by committee, 260; 
notice of annual district meeting, 260; notice of 
special meeting, 261; request of voters for special 
meeting, 261 ; commencement of district records, 
262; record of choice of officers, 263; vote of dis- 
trict to devolve care of school on committee, 263 
vote of district to build, 264; contract to build, 264 
record of vote of district to tax, 268; tax bill, 269 
warrant to collect a tax, 269; district treasurer's 
bond, 270; district collector's bond, 271; tax collec- 
tor's deed, 273; lease, 275; vote to take a lease, 276; 
deed to district, 277; vote appointing attorney to sell 
land of district, 279; district land deed, 279; vote to 
hire money, 281 ; district note, 281 ; vote of district 
for a secondary school, 281 ; vote prescribing form of 
district seal, 282; order on school fund, 282; vote 
of school committee to form joint district, 283; no- 
tice of change in text-books, 283; appeal, 284; notice 
of a^jpeal, 284; incorporation for a public library, 
285; prayer, 287. 

Free libraries. See Libraries. 

G-iftS to districts, not contrary to law, 145. 
Gradation of schools, 124, 126, 185, 201, 205-206. 

Holidays, allowance of, 202, 219. 

Husband, right of, to vote on wife's real estate when, 90. 

Institutes, attendance at, allowance and importance of, 

202, 219. 
Insurance of school-house, 98. 

Jurisdiction of commissioner public schools, 93, 97, 102, 
103, 130, 158, 159, 160, 164, 165, 170, 174, 176. 
of supreme court, 159, 161, 231, 240. 



INDEX TO DECISIONS, REMARKS AND FORMS. 315 

Land, district, deed of. See Forms. 

for school -house. See School-hoxise. 
Laws, general, how to modify special, 140. 
Lease, form of, 275. 
Legality of school not destroyed by neglect of officers, 91. 

of tax, 96, 97, 98, 99, 105. 
Legal proceedings, 158-174. 
Levying tax, mode of, 9G, 226. 
Libraries free, form of incorporation of, 285. 

may be maintained liow, 177, 242-243. 
Little Compton, appeal from, 112. 
Location of school-house. See School-house. 

Meetings, district, 81-91, 118, 120, 213, 223-224, 225, 262. 
notice and calls for, 79, 81, 85, 91, 205, 214, 218, 

223, 260, 261, 268. 
records of. See Records. 
voters in. See Voters. 
of school committee, 151, 181, 182, 207. 
called how, 123, 182. 
records of. See Records. 
of trustees, notice of, 119, 216. 
Middletown, appeal from, 100. 
Moderator, conduct of, 81, 83, 213, 223, 224. 
election of. See Election. 
engagement of. See Engagement. 
Modification of laws, 140. 

Money, public, for schools, apportionment of, 124, 130, 
185, 202-204. 
balances, how disposed of, 203. 
conditions of orders for, 159, 179, 203, 282. 
uses of, limits to, 80, 123, 124, 134, 143. 

North Kingstown, appeals from, 69, 128. 

North Providence, appeals from, 75, 79, 82, 85, 93, 96, 

112, 116, 124, 125, 126, 131, 132, 159, 160, 165, 166. 
Note of a district or corporation, 73, 74, 77, 215, 281. 
Notice of appeal, 100, 241, 284. 

of change of district boundaries. See Boundaries. 



316 SCHOOL MANUAL. 



Notice, etc. — Continued. 

of change of text-books, 147, 300, 383. 

of meetings of school officers, See Meetings. 
Number of trustees or of members of school committee, 

how fixed, etc., 130, 180, 181, 316. 

OfSce, school, eligibility to, 84, 331, 333. 
Officers, school, cannot hold two offices at same time, 
when, 78, 331. 

neglect of duty, effect or penalty of, 91, 111, 159, 166, 
315, 333. 

powers, duties, etc., 69-80, 81, 85, 111-155, 169, 313-333. 
Omissions in records. See Becords. 
Orders for public money for schools. See Money. 
Organization of district meetings, 333. 

of school committee, 181. 

Payment of tax, postponement of, 73. 
Penalty for neglect of duty. See Officers. 
Personal property and real estate, rules for taxing, 93, 
99, 338. 
defined, 339. 
Plans for school-houses. See School-houses. 
Powers, of committee, delegation of, 117, 136, 137, 156, 
180, 187, 310. 
of trustees, delegation of, 118, 316, 818. 
and duties of districts or school officers, 69-80, 81, 85, 
111-155, 169, 179-331. 
Prayer, forms for, 887. 
remarks upon, 334. 
Property, additions to, after tax voted, how assessed, 109. 
exempt from tax, 330. 
valuation of. See Valuation. 
school, inventory of, 319. 
trustee, custodian of, 318. 
Punishment of pupils. See Scholars. 

Qualifications of teachers. See Teachers. 



INDEX TO DECISIONS, REMARKS AND FORMS. 317 

Quorum of district meeting, num])er necessary for, 224. 

Records of school committee, autliority on boundaries of 
districts, 105, 184. 
of school committee and district, how to be kept, etc., 

207, 214, 262. 
omissions and imperfections in, 82, 96, 214. 
Register, examination of, importance of, etc., 197, 217, 

231, 232. 
Registry taxes. See Taxes. 
Religious and moral instruction, 188, 200, 233. 

meetings in school-house, 70, 76, 218. 
Removal of trustee from district, effect of, 220. 
Residence of voters or tax-payers, 83, 89, 99. 
Resignation of district officers, 216, 220, 222. 
Returns of town or district officers and teachers, 178, 182, 

204, 217, 220, 231, 232. 
Richmond, appeal from, 104. 

Rules, etc., to be prescribed by committee, 129, 200-202, 
210, 219, 232. 

Scholars, admission, age, residence, etc., 184, 201, 203, 
217. 
cannot be compelled to make fires, 128. 
discipline and punishment of, 128, 134, 192, 202, 232, 

236-240. 
examination of, 198. 
transportation of, 203. 
School committee. See Committee. 

School-house, building committee for, election, removal 
and powers of, 81, 112, 119, 264. 
insurance of, 98. 

land for, appraisal of, 161, 167, 185. 
gift of, 145. 

legal title to, or deed of, 70, 76, 77. 277. 
lease of, 275, 276. 
location, plans, etc., 76. 103, 134, 144, 167, 185-186, 

264, 269. 
property to be taxed for, 106, 109. 



318 SCHOOL MANUAL. 



School-house— Contimied. 

trustee custodiau of, 318. 

uses of, 69, 121, 318. 
School money. See Money. 

Scituate, appeal from, 95. 

Seal, district, 283. 

Secondary schools, opening of, etc., 69, 81, 306, 212, 281. 

Singing school, school-house may be used for, 121. 

Smithfield, appeals from, 92, 155. 

South Kingstown, appeals from, 103, 144, 167. 

Studies, course of, 344-355. 

prescribed how, 201. 
Superintendent, election, duties, salary, etc., 140, 
308-210, 322. 

Taxation, general provisions for, and directions in regard 
to, 230, 334, 335-331. 
who may vote for, 75, 87, 88. 
Tax assessment. See Assessment. 
district, 93-111, 368-376. 

rescinding vote in regard to, 72, 73, 92. 
payers, powers of majority of, 69, 72, 99, 268. 
Taxes registry, credited to school fund when, 179. 
division of, 130. 

Teachers, 153-157, 231-240. 

cannot be compelled to make fires, 156. ' 
cannot be hired by vote of district, 100, 118, 216. 
certificates of 115, 123, 126, 127, 153, 155, 160, 187, 

194, 210, 211, 217, 333, 357, 258. 
contracts with, 113, 116, 217, 219. 
dismissal of, 114, 115, 135, 136, 127, 154, 155, 194, 310, 

317, 358. 
examination of, 186, 310. 
qualifications of, 115, 153, 187-193, 233. 
wages of, may be fixed by trustee, 113. 

not legally due, when, 116, 123, 217. 

orders for, who may draw, 159. 

reduction of, 115. 

town not liable for, when, 173. 



INDEX TO DECISIONS, REMARKS AND FORMS. 319 



Terms, sclinol, control and notilicntion of, 31i), 2:32. 
Text-books, change of, directions, etc., in regard to, 147, 
200. 283. 

change of, what constitutes, 150. 

selection of, IJti), 210. 
Town, powers of, as to district boundaries, 136. 

and duties of, as to school money, 124, 177. 

system conducted how, 177, 194, 208, 205, 26:1 
Treasurer, district, election, duties, etc., 95, 215, 220, 270. 

town, duties of, 178-179, 182. 

Trustees, iii-i2;j. 2i(;-22l. 

de facto. 79, 111. 

duties and powers of, 70, 94, 104, 128, 227, 269, 270. 

Vacancy, proof of, and how filled, 80, 181, 208, 220, 221, 

22:J. 
Valuation of propert}', liow to be made, 101, 104, 220, 

227, 2G8. 
Visits of scliool officers, 180, li)4, 218. 
Votes, forms of, 263, 264, 276, 279, 281, 282, 283. 

may be rescinded wlien, 72, 73, 92, 112, 131, 200, 225. 

to assess tax, made how, 96, 226. 
Voters, certificate, right to vote, wJien, 79, 223. 

eligible to office, 84, 221. 

in district meetings, 75, 81, 82, 85, 87, 88, 89, 90, 213, 
214, 222, 224, 225, 226, 268. 

on wife's real estate, 90. 

registry, right to vote when. 76, 85, 87, 222. 

residence of, 83, 89, 222. 

"Wages of teachers. See Teachers. 
Warrant for collection of tax, 93, 100, 230. 

forms of, 256, 269. 
Warwick, appeal from, 97. 

West Greenwich, appeal from, 106, 118, 129. 
Woonsocket, appeal from, 134, 140. 

Year, school, begins when, 113. 



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